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Administrative Law Keyed to Popper
Food Mktg. Inst. v. Argus Leader Media
Citation:
139 S. Ct. 2356 (2019)Facts
Argus Leader, a South Dakota newspaper, filed a FOIA request with the USDA seeking the names and addresses of all retail stores participating in SNAP and each store’s annual redemption data from 2005 to 2010. The USDA released the names and addresses but withheld the store-level SNAP data, citing Exemption 4. Argus Leader sued to compel disclosure. At trial, witnesses testified that retailers closely guard this data and disclosure could harm their competitive positions by allowing competitors to develop targeted business strategies. The district court found that while disclosure might cause some competitive harm, it would not rise to “substantial competitive harm” as required by the prevailing National Parks test. When the USDA declined to appeal, the Food Marketing Institute intervened and pursued the appeal, arguing that the National Parks test improperly added requirements not found in the statutory text.
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