Sunday, October 27, 2013

Critical Mass Energy Project v. Nuclear Regulatory Commission case brief

Critical Mass Energy Project v. Nuclear Regulatory Commission case brief summary
 975 F.2d 871 (1992)

Appellant sought review of an order of the United States District Court for the District of Columbia, which granted appellees' motion for summary judgment in appellant's suit to obtain documents under the Freedom of Information Act, 5 U.S.C.S. § 552.

Appellant sought the release of certain safety reports that were voluntarily provided to appellees on the understanding that they would be treated as confidential. A decision granting summary judgment to appellees, because the documents were exempt under Exemption 4 of the Freedom of Information Act (FOIA), was affirmed.

Does the test for confidentiality set forth in National Parks and Conservation Association v. Morton, regarding the FOIA disclosure exemption for confidential commercial information apply to information given to the government voluntarily?

The parties failed to demonstrate any of the considerations that would justify overturning the two part National Parks test for determining whether information was "confidential" within the meaning of FOIA.

The court held that the safety reports provided to respondent on a voluntary basis were "confidential" for the purpose of Exemption 4, because they were of a kind that would customarily not have been released to the public by the person from whom it was obtained.


The court affirmed the judgment.

Recommended Supplements for Administrative Law
Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)

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