SCOTUS Resolves Split Re Interpretation of FOIA Exemption
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.