Challenge to NTSB License Suspension
In Dresser v. MEBA Med. & Benefits Plan, No. 10-30301, an action challenging the National Transportation Safety Board's (NTSB) suspension of plaintiff as a licensed marine engineer based on his marijuana use, the court affirmed the dismissal of the complaint where the Coast Guard and NTSB statutory and regulatory scheme provided for judicial review, but only in a court of appeals, and only after an appeal to the NTSB.
As the court wrote: "Christopher J. Dresser was a licensed marine engineer. The United States Coast Guard initiated a Suspension and Revocation (S & R) action against Dresser's license after the Coast Guard was notified that Dresser had tested positive for tetrahyrdocannabinol (THC), a metabolite detected in the urine of those who have ingested marijuana."
- Read the Fifth Circuit's Decision in Dresser v. MEBA Med. & Benefits Plan, No. 10-30301