Argus Leader Media v. USDA, No. 12-3765, 2014 WL 293079 (8th Cir. Jan. 28, 2014) (Riley, C. J.)

Date: 
Tuesday, January 28, 2014
Re: Request for dollar amount of goods retailers sold to Supplemental Nutrition Assistance Program beneficiaries and subsequently redeemed from federal government in given year Disposition:Reversing and remanding the district court's grant of defendant's motion for summary judgment
  • Exemption 3:  The court explains that the relevant statute in this action, 7 U.S.C. § 2018(c), "is a withholding statute," but "program spending information [does not] fall[] within the withholding contemplated by § 2018(c)."  The court finds that "[b]ecause the retailer spending information is not 'submit[ted]' by 'an applicant retail food store or wholesale food concern,'the information is not exempt from disclosure."  The court explains that "[t]he department, not any retailer, generates the information, and the underlying data is 'obtained' from third-party payment processors, not from individual retailers."
Topic: 
Court of Appeals
Exemption 3
Updated August 6, 2014