Milner v. Department of Defense

March 11, 2015

Plaintiff Milner sought info from the Department of Defense under FOIA for records relating to the construction of an explosives handling wharf at a naval base. The department cited, among other exemptions, 10 U.S.C. § 130e, a statute that allows an exemption for "critical infrastructure" information but requires that a public interest balancing test. The Reporters Committee submitted an amicus letter to the district court for the Western District of Washington in support of Mr. Milner, arguing that based on the legislative history and text of the statute, as well as the department's own interpretation, it is important that there be an opportunity for the public to provide input on the importance of public access to the information that the government wishes to exempt under the statute.