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Federal Judiciary

: Split Circuits

SCOTUS Resolves Split Re Interpretation of FOIA Exemption

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The Supreme Court has resolved a split regarding the interpretation of Exemption 2 of the Freedom of Information Act. The case is Milner v. Navy, 09-1163 (Mar. 7, 2011). Here is an excerpt from the Syllabus of the case:

Petitioner Milner submitted FOIA requests for explosives data and maps used by respondent Department of the Navy (Navy or Government) in storing munitions at a naval base in Washington State. Stating that disclosure would threaten the security of the base and surrounding community, the Navy invoked Exemption 2 and refused to release the data. The District Court granted the Navy summary judgment, and the Court of Appeals affirmed, relying on the High 2 interpretation.

Held: Because Exemption 2 encompasses only records relating to employee relations and human resources issues, the explosives maps and data requested here do not qualify for withholding under that exemption.

(a) Exemption 2 shields only those records relating to ?personnel rules and practices.? When used as an adjective in this manner, the key statutory word ?personnel? refers to human resources matters.

Full post as published by Split Circuits on March 08, 2011 (boomark / email).

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