High court rules vs. gov't in open records case
Lawyer Blogs
The Supreme Court on Monday rejected the government's broad use of an exemption in the federal Freedom of Information Act to withhold documents from the public, ruling for a Washington state resident who wants Navy maps relating to its main West Coast ammunition dump.
The court, by an 8-1 vote, threw out an appeals court ruling that backed the Navy's decision to withhold maps showing the extent of damage expected from an explosion at the ammunition dump near Port Townsend in western Washington.
Justice Elena Kagan, writing for the court, said maps could not be withheld under a FOIA provision that deals with a federal agency's "personnel rules and practices." Kagan said that part of the law concerns "issues of employee relations and human resources."
Justice Stephen Breyer dissented, saying the courts have consistently allowed broad use of the exemption for 30 years. "I would let sleeping dogs lie," Breyer said.
The case before the court revolved around competing ideas of public safety. The government said that releasing the maps could allow someone to identify the precise location of the munitions that are stored at its base on Indian Island.
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