Milner v. Department of the Navy

562 U.S. 562, 131 S. Ct. 1259, 179 L. Ed. 2d 268, 22 Fla. L. Weekly Fed. S 854, 2011 U.S. LEXIS 2101, 39 Media L. Rep. (BNA) 1385, 79 U.S.L.W. 4169
CourtSupreme Court of the United States
DecidedMarch 7, 2011
DocketNo. 09-1163
StatusPublished
Cited by54 cases

This text of 562 U.S. 562 (Milner v. Department of the Navy) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Milner v. Department of the Navy, 562 U.S. 562, 131 S. Ct. 1259, 179 L. Ed. 2d 268, 22 Fla. L. Weekly Fed. S 854, 2011 U.S. LEXIS 2101, 39 Media L. Rep. (BNA) 1385, 79 U.S.L.W. 4169 (2011).

Opinions

OPINION OF THE COURT

[562 U.S. 564]

Justice Kagan

delivered the opinion of the Court.

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, requires federal agencies to make Government records available to the public, subject to nine exemptions for specific categories of material. This case concerns the scope of Exemption 2, which protects from disclosure material that is “related solely to the internal personnel rules and practices of an agency.” § 552(b)(2). Respondent Department of the Navy (Navy or Government) invoked Exemption 2 to deny

[562 U.S. 565]

a FOIA request for data and maps used to help store explosives at a naval base in Washington State. We hold that Exemption 2 does not stretch so far.

I

Congress enacted FOIA to overhaul the public-disclosure section of the Administrative Procedure Act (APA), 5 U.S.C. § 1002 (1964 ed.). That section of the APA “was plagued with vague phrases” and gradually became more “a withholding statute than a disclosure statute.” EPA v. Mink, 410 U.S. 73, 79, 93 S. Ct. 827, 35 L. Ed. 2d 119 (1973). Congress intended FOIA to “permit access to official information long shielded unnecessarily from public view.” Id., at 80, 93 S. Ct. 827, [275]*27535 L. Ed. 2d 119. FOIA thus mandates that an agency disclose records on request, unless they fall within one of nine exemptions. These exemptions are “explicitly made exclusive,” id., at 79, 93 S. Ct. 827, 35 L. Ed. 2d 119, and must be “narrowly construed,” FBI v. Abramson, 456 U.S. 615, 630, 102 S. Ct. 2054, 72 L. Ed. 2d 376 (1982).

At issue here is Exemption 2, which shields from compelled disclosure documents “related solely to the internal personnel rules and practices of an agency.” § 552(b)(2). Congress enacted Exemption 2 to replace the APA’s exemption for “any matter relating solely to the internal management of an agency,” 5 U.S.C. § 1002 (1964 ed.). Believing that the “sweep” of the phrase “internal management” had led to excessive withholding, Congress drafted Exemption 2 “to have a narrower reach.” Department of Air Force v. Rose, 425 U.S. 352, 362-363, 96 S. Ct. 1592, 48 L. Ed. 2d 11 (1976).

We considered the extent of that reach in Department of Air Force v. Rose. There, we rejected the Government’s invocation of Exemption 2 to withhold case summaries of honor and ethics hearings at the United States Air Force Academy. The exemption, we suggested, primarily targets material concerning employee relations or human resources: “ ‘use of parking facilities or regulations of lunch hours, statements of policy as to sick leave, and the like.’ ” Id., at 363, 96 S. Ct. 1592, 48 L. Ed. 2d 11 (quoting S. Rep. No. 813, 89th Cong., 1st Sess., 8 (1965)

[562 U.S. 566]

(hereinafter S. Rep.)); see Rose, 425 U.S., at 367, 96 S. Ct. 1592, 48 L. Ed. 2d 11. “[T]he general thrust” of Exemption 2, we explained, “is simply to relieve agencies of the burden of assembling and maintaining [such information] for public inspection.” Id., at 369, 96 S. Ct. 1592, 48 L. Ed. 2d 11. We concluded that the case summaries did not fall within the exemption because they “d[id] not concern only routine matters” of “merely internal significance.” Id., at 370, 96 S. Ct. 1592, 48 L. Ed. 2d 11. But we stated a possible caveat to our interpretation of Exemption 2: That understanding of the provision’s coverage governed, we wrote, “at least where the situation is not one where disclosure may risk circumvention of agency regulation.” Id., at 369, 96 S. Ct. 1592, 48 L. Ed. 2d 11.

In Crooker v. Bureau of Alcohol, Tobacco & Firearms, 670 F.2d 1051 (1981) (en banc), the D. C. Circuit converted this caveat into a new definition of Exemption 2’s scope. Crooker approved the use of Exemption 2 to shield a manual designed to train Government agents in law enforcement surveillance techniques. The D. C. Circuit noted that it previously had understood Exemption 2 to “refe[r] only to ‘pay, pensions, vacations, hours of work, lunch hours, parking[,] etc.’ ” Id., at 1056 (quoting Jordan v. Department of Justice, 591 F.2d 753, 763 (1978)). But the court now thought Exemption 2 should also cover any “predominantly internal” materials,1 Crooker, 670 F.2d, at 1056-1057, whose disclosure would “significantly ris [k] circumvention of agency regulations or statutes,” id., at 1074. This construction of Exemption 2, the court reasoned, flowed from [276]*276FOIA’s “overall design,” its legislative history, “and even common sense,” because Congress could not have meant to “enac[t] a statute

[562 U.S. 567]

whose provisions undermined . . . the effectiveness of law enforcement agencies.” Ibid.

In the ensuing years, three Courts of Appeals adopted the D. C. Circuit’s interpretation of Exemption 2. See 575 F.3d 959, 965 (CA9 2009) (case below); Massey v. FBI, 3 F.3d 620, 622 (CA2 1993); Kaganove v. EPA, 856 F.2d 884, 889 (CA7 1988).2 And that interpretation spawned a new terminology: Courts applying the Crooker approach now refer to the “Low 2” exemption when discussing materials concerning human resources and employee relations, and to the “High 2” exemption when assessing records whose disclosure would risk circumvention of the law. See, e.g., 575 F.3d, at 963; Schiller v. NLRB, 964 F.2d 1205, 1208 (CADC 1992). Congress, as well, took notice of the D. C. Circuit’s decision, borrowing language from Crooker to amend Exemption 7(E) when next enacting revisions to FOIA. The amended version of Exemption 7(E) shields certain “records or information compiled for law enforcement purposes” if their disclosure “could reasonably be expected to risk circumvention of the law.” § 552(b)(7)(E); see Freedom of Information Reform Act of 1986, § 1802(a), 100 Stat. 3207-49.

II

The FOIA request at issue here arises from the Navy’s operations at Naval Magazine Indian Island, a base in Puget

[562 U.S. 568]

Sound, Washington. The Navy keeps weapons, ammunition, and explosives on the island. To aid in the storage and transport of these munitions, the Navy uses data known as Explosive Safety Quantity Distance (ESQD) information. 575 F.3d, at 962. ESQD information prescribes “minimum separation distances” for explosives and helps the Navy design and construct storage facilities to prevent chain reactions in case of detonation. Ibid. The ESQD calculations are often incorporated into specialized maps depicting the effects of hypothetical explosions. See, e.g., App. 52.

In 2003 and 2004, petitioner Glen Milner, a Puget Sound resident, submitted FOIA requests for all ESQD information relating to Indian Island. 575 F.3d, at 962.

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562 U.S. 562, 131 S. Ct. 1259, 179 L. Ed. 2d 268, 22 Fla. L. Weekly Fed. S 854, 2011 U.S. LEXIS 2101, 39 Media L. Rep. (BNA) 1385, 79 U.S.L.W. 4169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milner-v-department-of-the-navy-scotus-2011.