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The Supreme Court's decision in Argus Leader changed the way agencies should define the word "confidential" for purposes of Exemption 4 of the FOIA. The "substantial competitive harm" test was found to be inconsistent with the terms of the statute.
Respondent Argus Leader Media, who runs a newspaper in South Dakota, invoked the Freedom of Information Act (FOIA) to seek information from the US Department of Agriculture (USDA) on how much money individual retailers received from taxpayers each year.
Argus Leader, as well as the scope of Exemption 4 before and after the Supreme Court decision. The purpose of the guidance is to address the new standard under Exemption 4 and to provide workable rules for agencies to use when making disclosure determinations.
Respondent Argus Leader Media filed a Freedom of Information Act (FOIA) request with the United States Department of Agriculture (USDA), seeking the names and addresses of all retail stores that participate in the national food-stamp program—known as the Sup-plemental Nutrition Assistance Program (SNAP)—and each store’s annual SNAP redemption da...
In this paper, Jenner & Block Special Counsel Nathaniel E. Castellano provides comprehensive introduction and guidance to protecting confidential business information under FOIA Exemption 4, detailing the implications of district court decisions issued in the wake of the Supreme Court’s landmark Argus Leader opinion and the FOIA Improvement ...
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.
Argument analysis: Justices appear likely to endorse broader reading of FOIA exemption for "confidential" commercial information (Mark Fenster, April 23, 2019) Argument preview: Justices to consider meaning of “confidential” in Freedom of Information Act (Mark Fenster, April 15, 2019)
Argus Leader Media, the Supreme Court held today that the Freedom of Information Act allows a federal agency to withhold from disclosure records submitted by a private entity when the submitter keeps the records secret and the agency promises to keep the records from disclosure.
Respondent Argus Leader Media filed a Freedom of Information Act (FOIA) request with the United States Department of Agriculture (USDA), seeking the names and addresses of all retail stores that partic-ipate in the national food-stamp program—known as the Supplemental Nutrition Assistance Program (SNAP)—and each store's annual SNAP redemption da...
Step-by-Step Guide for Determining if Commercial or Financial Information Obtained from a Person is Confidential Under Exemption 4 of the FOIA. In the wake of the Supreme Court's decision in Argus Leader, the term "confidential" under Exemption 4 must be given its "ordinary" meaning. This step-by-step guide can be used by agencies, in ...