Today the Supreme Court issued its opinion in Food Mktg. Inst. v. Argus Leader Media, 139 S. Ct. 915 (2019), which examines the definition of the term confidential for applying Exemption 4 of the FOIA. The Court’s decision overturns the definition of confidential established over forty years ago in Nat’l Parks & Conservation Ass'n v. Morton, 498 F.2d 765 (D.C. Cir. 1974). The Court’s opinion can be found here.
As with all significant FOIA developments, OIP will issue guidance and provide training on the impact of this decision. Please be sure to continue following us on FOIA Post for announcements on when guidance is issued and training opportunities are offered. In the meantime, agencies are always welcome to seek advice through OIP’s FOIA Counselor Service.