Carpenter v. Mineta

432 F.3d 1029 Robert E. CARPENTER, Petitioner, v. Norman Y. MINETA, Secretary of Transportation; Joseph H. Boardman, * Federal Railroad Administrator; Federal Railroad Administration; Department of Transportation, Respondents. No. 04-71221. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 15, 2005. Filed December 29, 2005. Lawrence M. Mann, Bethesda, MD, for the petitioner. Colleen A. Brennan, Department of Transportation, Washington, DC, for the respondents. On Petition for Review of an Order of the Federal Railroad Administration. FRA No. EQAL97-48. Before FARRIS, TASHIMA, and CALLAHAN, Circuit Judges. FARRIS, Circuit Judge. 1 Petitioner challenges the Federal Railroad Administration's decision that he was properly denied certification as a locomotive engineer by his employer-railroad. The FRA Administrator upheld a prior administrative decision that concluded that there was no authority under the administrative dispute resolution regulations to order Petitioner retrained and retested or certified as an engineer. Petitioner disputes this conclusion and also claims that the FRA erred by failing to reach several of his allegations. Last, Petitioner…