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Milner v. Department of the Navy

Docket No.: 09-1163
Certiorari Granted: 06/28/10
Argued: December 1, 2010
Decided: 03/07/11


Administrative Procedure, EPA, FOIA, Freedom of Information Act, Internal Revenue Code, Medicare, conditions of employment, patent, privacy

PartyNames: Glen Scott Milner v. Department of the Navy
Petitioner: Glen Scott Milner
Respondent: Department of the Navy

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 575 F.3d 959
Supreme Court Docket

Glen Scott Milner
Department of the Navy
Question Presented:

Whether 5 U.S.C. ยง 552(b)(2), which allows a government agency to keep secret only documents related solely to the internal personnel rules and practices of an agency, must be strictly construed to preclude the "High 2" expansion created by some circuits but rejected by others.


Did the Ninth Circuit err by exempting documents relating to the effects of explosions from disclosure under the FOIA because they are "predominantly" for internal use and present a risk of circumventing agency regulation?

Milner v. Department of the Navy


Listen to Oral Argument in Milner v. Department of the Navy
Holding: reversed and remanded
Vote: 8-1
Opinion By:
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