National Parks and Conservation Association v. Morton case brief

National Parks and Conservation Association v. Morton case brief summary
498 F.2d 765 (1974)

CASE SYNOPSIS

Appellant, a national park association, brought an action under the Freedom of Information Act, 5 U.S.C.S. § 552, seeking to enjoin appellees, officials of the Department of the Interior, from refusing to permit inspection and copying of records concerning concessions operated in the national parks. The association sought review of an order from the United States District Court for the District of Columbia granting summary judgment to appellees.

CASE FACTS
The park association sued under the Freedom of Information Act (FOIA), 5 U.S.C.S. § 552, to enjoin appellees from refusing to permit inspection and copying of agency records concerning concessions operated in the national parks. The district court granted summary judgment for appellees on the ground that the information was exempt from disclosure under Exemption 4 of FOIA, 5 U.S.C.S. § 552(b)(4).

DISCUSSION

• The issue was whether the information was confidential. 
• The court held that appellees had no apparent interest in preventing disclosure of the matter. 
• Disclosure of the material to the park association was a mandatory condition of appellees' right to operate in national parks. 
• The record did not support application of the financial information exemption. 
• The case was remanded to determine whether public disclosure of the information posed the likelihood of substantial harm to the competitive positions of the parties from whom the information had been obtained.

OUTCOME

The court reversed the grant of summary judgment and remanded the action for further proceedings consistent with the court's opinion.

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