None for EAJA Award. District Court Decision: 23 F.4th 999 (D.C. Cir. 2022)
Erwin filed a petition for review, under 49 U.S.C. § 46110, challenging the FAA’s withdrawal of his special issuance medical certificate under 14 C.F.R. 67.401(f). FAA settled the EAJA claim in consultation with DOJ.
The D.C. Circuit found the FAA’s decision was arbitrary and capricious because it did not expressly discuss the medical information Erwin had submitted to the agency for consideration, and remanded the issue back to the FAA for further explanation. Erwin filed an EAJA claim under 28 U.S.C. § 2412(d). FAA settled the claim.