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.
Sidley Austin LLP provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship.
Attorney Advertising - For purposes of compliance with New York State Bar rules, our headquarters are Sidley Austin LLP, 787 Seventh Avenue, New York, NY 10019, 212.839.5300; One South Dearborn, Chicago, IL 60603, 312.853.7000; and 1501 K Street, N.W., Washington, D.C. 20005, 202.736.8000.