Former NTSB vice chair Alvin Brown filed a lawsuit in federal court on Thursday challenging his removal from the board in May, saying it undermines the independence of the agency. Represented by Democracy Forward and Justice Legal Strategies, the Brown v. Trump et al lawsuit seeks to restore Brown to his position on the board and prevent political interference with the NTSB.
Nominated to the board in August 2022, Brown was the first African American to be elected mayor of Jacksonville, Florida, and brought a lengthy resume in urban and community affairs to the NTSB, including experience with the White House leadership team under former President Bill Clinton and Vice President Al Gore. He was ultimately confirmed to the NTSB on March 8, 2024, for a term expiring on Dec. 31, 2026. At the end of 2024, former President Biden appointed Brown as vice chair, succeeding Bruce Landsberg, who retired from the agency.
According to the lawsuit, Congress has only granted presidential authority for the removal of NTSB members for “inefficiency, neglect of duty, or malfeasance in office.” The NTSB was set up for continuity, stability, and insulation from political pressure, the lawsuit added.
“Because the Board members perform predominantly quasi-legislative functions and quasi-judicial functions and do not exercise substantial or considerable executive power, these restrictions on the president’s removal authority are constitutional,” the lawsuit says.
However, the lawsuit maintains that President Donald Trump lacked any such cause when he directed the NTSB to remove Brown from the position. “Therefore, Plaintiff Brown’s removal was illegal,” the lawsuit states.
“Congress made the National Transportation Safety Board independent for a reason: to ensure that investigations into transportation disasters are driven by expertise and evidence,” said Victoria Nugent, legal director at Democracy Forward. “The termination of Mr. Brown and the undermining of the independence of this Board does nothing to keep people safer. At a time when transportation safety is top of mind, we should be strengthening, not weakening, the systems meant to protect all Americans.”
The NTSB said it does not comment on ongoing litigation.