Oregon Natural Desert Ass'n v. Bibles

83 F.3d 1168, 96 Cal. Daily Op. Serv. 3516, 96 Daily Journal DAR 5740, 1996 U.S. App. LEXIS 11461
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 20, 1996
DocketNo. 94-35150
StatusPublished
Cited by4 cases

This text of 83 F.3d 1168 (Oregon Natural Desert Ass'n v. Bibles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oregon Natural Desert Ass'n v. Bibles, 83 F.3d 1168, 96 Cal. Daily Op. Serv. 3516, 96 Daily Journal DAR 5740, 1996 U.S. App. LEXIS 11461 (9th Cir. 1996).

Opinions

SCHROEDER, Circuit Judge:

This is a Freedom of Information Act suit brought by an Oregon non-profit association, interested in desert preservation, against the Oregon Director of the Bureau of Land Management (“BLM”). The suit requests the names and addresses of persons who receive the BLM’s newsletter. The newsletter provides information about the BLM’s activities and plans affecting the Oregon desert. Plaintiff, the Oregon Natural Dessert Association (“ONDA”), according to its complaint, made its Freedom of Information Act (“FOIA”) request to learn to whom the government was directing “selected” information about the high desert, so that ONDA could [1170]*1170provide those persons with more complete information.

The BLM originally refused to release any portion of the list, invoking exemption 6 of the Freedom of Information Act, which protects files whose disclosure would constitute “a clearly unwarranted invasion of privacy.” 5 U.S.C. § 552(a)(6)(C)(b)(6). The ONDA appealed that decision to the Department of the Interior. The Department of the Interi- or concluded that the names and addresses of organizations should be released, but that the names and addresses of private individuals were protected by exemption 6. The ONDA then filed this action in the District Court for the District of Oregon, to obtain the complete list.

The district court agreed with ONDA that disclosure of the list would not constitute a clearly unwarranted invasion into the privacy of individuals who “have already opened their mail boxes to the receipt'of information about BLM activities.” The district court ordered the BLM to release all the names and addresses, but stayed its order pending the BLM’s appeal to this court. We now affirm.

The FOIA mandates broad disclosure of government documents:

[E]ach agency, upon any request for records which (A) reasonably describes such record and (B) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person.

5 U.S.C. § 552(a)(3). The FOIA request must be granted unless the information requested falls within one of the nine statutory exemptions set forth in 5 U.S.C. § 552(b). The government has the burden of establishing that an exemption applies, and exemptions are construed narrowly. See, e.g., Dept. of Air Force v. Rose, 425 U.S. 352, 361-62, 96 S.Ct. 1592, 1599-1600, 48 L.Ed.2d 11 (1976); Multnomah County Medical Soc. v. Scott, 825 F.2d 1410, 1413 (9th Cir.1987).

The FOIA’s privacy exemption 6 applies to “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(6). Although a list of names and addresses like the one at issue in this case is clearly not a “medical” or “personnel” file, the provision for “similar” files is broad enough to encompass government records containing information about particular individuals. See United States Dept. of State v. Washington Post Co., 456 U.S. 595, 602 n. 4, 102 S.Ct. 1957, 1962 n. 4, 72 L.Ed.2d 358 (1982). We have recognized that a government list of names and addresses meets the threshold requirement of exemption 6. See, e.g., Minnis v. United States Dept. of Agriculture, 737 F.2d 784, 786 (9th Cir.1984), cert. denied, 471 U.S. 1053, 105 S.Ct. 2112, 85 L.Ed.2d 477 (1985); Van Bourg, Allen, Weinberg & Roger For and on Behalf of Carped, Linoleum and Soft Tile Workers Union, Local 1288 v. N.L.R.B., 728 F.2d 1270 (9th Cir.1984).

The relevant question is thus whether the disclosure of this mailing list would constitute a “clearly unwarranted invasion of personal privacy.” We know from an early Supreme Court decision under FOIA that resolving this question involves balancing the individual’s right of privacy against the goal of FOIA to “open agency action to the light of public scrutiny.” Air Force v. Rose, 425 U.S. at 372, 96 S.Ct. at 1604.

This Circuit historically has considered four factors in this balancing: (1) the plaintiffs -interest in disclosure; (2) the public’s interest in disclosure; (3) the degree of invasion of personal privacy; and (4) the availability of alternative means of obtaining the requested information. F.L.R.A v. United States Dept. of Navy, Navy Resale & Services Support Office, Field Support Office, Auburn, Washington, 958 F.2d 1490, 1494 (9th Cir.1992), withdraum on rehearing, F.L.R.A v. United States Dept. of Navy, 22 F.3d 898, (9th Cir.1994); Minnis, 737 F.2d at 786. The district court in this case considered all of the factors. The parties do not dispute that outside of ONDA’s FOIA request, there are no alternative means to obtain the requested information. Additionally, the parties agree that the district court was required to consider the second and third factors; that is, the public’s interest in disclosure and the degree of invasion of personal privacy.

[1171]*1171The BLM points out, however, that under recent Supreme Court cases, we should no longer consider the first factor, i.e. the plaintiffs particular interest in the requested information, as militating for or against disclosure. This change is mandated by the Supreme Court’s intervening decision in United States Dept. of Defense v. F.L.R.A., — U.S. -, 114 S.Ct. 1006, 127 L.Ed.2d 325 (1994). See generally Schiffer v. F.B.I., 78 F.3d 1405, 1409-10 (9th Cir.1996) (plaintiffs particular interest may not be considered in analyzing exemption 7(C), a provision similar to exemption 6 that applies if the disclosure of law enforcement files would constitute an unwarranted invasion of privacy). In DOD, the Court denied a union’s FOIA request for a list of government employees in the union’s own bargaining unit, even though the union requested the list to further federal labor policies as embodied in the federal labor statutes. In ruling that the list of government employees was protected by exemption 6, the Supreme Court held that the only relevant interest in disclosure is the public’s interest in understanding government operations or activities. Id. at -, 114 S.Ct. at 1012. The Court’s analysis focused upon the language of its earlier decision in United States Dept. of Justice v. Reporters Committee for Freedom of the Press,

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83 F.3d 1168, 96 Cal. Daily Op. Serv. 3516, 96 Daily Journal DAR 5740, 1996 U.S. App. LEXIS 11461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oregon-natural-desert-assn-v-bibles-ca9-1996.