The U.S. Supreme Court’s June 24, 2019, decision in Food Marketing Institute v. Argus Leader Media will change the way federal agencies, including the Environmental Protection Agency (EPA), evaluate confidential business information claims under the Freedom of Information Act (FOIA). To meet FOIA exemption (b)(4), companies will no longer have to show that the public release of confidential business information would cause “substantial competitive harm.” Instead, they need only show that the information is private and was provided to a federal agency with an assurance that it would be kept private.
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