In Joshi v. National Transportation Safety Bd.1 the U.S. Court of Appeals for the D.C. Circuit ruled that the National Transportation Safety Board’s probable cause determinations are not subject to judicial review. The decision highlights the conflict of interest in the National Transportation Safety Board’s investigation process, which relies on the participation of potential defendants in civil litigation that frequently follows aviation accidents. It also shows that victims, who are forbidden from participating in NTSB investigations, cannot obtain an independent review of allegedly erroneous investigation findings.
In the United States, the NTSB investigates aviation crashes, determines their probable cause(s) and makes safety recommendations that hopefully, if acted upon by the Federal Aviation Administration (FAA) and the aviation industry, will prevent similar crashes and thereby save lives.2 The NTSB never truly “closes” investigations, and will entertain petitions for reconsideration of its findings. As such, the NTSB’s probable cause findings and recommendations are never truly “final” because the NTSB can change them at any time.
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