milner department navy argued december decided march freedom information act foia requires federal agencies make government records available public subject nine exemptions case concerns exemption protects disclosure material related solely internal personnel rules practices agency provision replaced administrative procedure act apa exemption matter relating solely internal management agency congress believed sweep phrase internal management led excessive withholding drafted exemption narrower reach department air force rose rose found exemption invoked withhold air force academy honor ethics hearing summaries exemption suggested primarily targets material concerning employee relations human resources stated possible caveat understanding provision coverage governed least situation one disclosure may risk circumvention agency regulation circuit subsequently converted caveat new definition exemption scope finding exemption also covered predominantly internal materials whose disclosure significantly ris circumvention agency regulation statutes crooker bureau alcohol tobacco firearms courts use term low human resources employee relations records high records whose disclosure risk circumvention law petitioner milner submitted foia requests explosives data maps used respondent department navy navy government storing munitions naval base washington state stating disclosure threaten security base surrounding community navy invoked exemption refused release data district granted navy summary judgment appeals affirmed relying high interpretation held exemption encompasses records relating employee relations human resources issues explosives maps data requested qualify withholding exemption pp exemption shields records relating personnel rules practices used adjective manner key statutory word personnel refers human resources matters example personnel department deals employee problems interviews applicants jobs foia exemption provides another example protecting certain personnel files disclosure common congressional meaning file maintained human resources office collecting personal information employees examination results work performance evaluations rose supra exemption uses personnel exact way agency personnel rules practices share critical feature concern conditions employment federal agencies matters hiring firing work rules discipline compensation benefits items currently fall within low exemption construction statutory language low foia purpose reinforces reading statute goal broad disclosure exemptions must given narrow compass department justice tax analysts narrow construction stands especially firm footing respect exemption intended hem expansive withholding occurred prior apa exemption internal management records exemption interpreted reach requested explosives information data maps calculate visually portray magnitude hypothetical detonations way relate personnel rules practices term naturally understood pp government two alternative readings exemption squared statute pp navy strong security interest shielding explosives data maps public disclosure government tools hand protect information foia exemption prevents access classified documents exemption applies records statute exempts disclosure exemption protects information compiled law enforcement purposes release inter alia reasonably expected endanger life physical safety individual navy argument explosives information exempt exemption remains open ninth circuit address remand exemptions cover records whose release threaten nation vital interests government may course seek relief congress pp reversed remanded kagan delivered opinion roberts scalia kennedy thomas ginsburg alito sotomayor joined alito filed concurring opinion breyer filed dissenting opinion glen scott milner petitioner department navy writ certiorari appeals ninth circuit march justice kagan delivered opinion freedom information act foia requires federal agencies make government records available public subject nine exemptions specific categories material case concerns scope exemption protects disclosure material related solely internal personnel rules practices agency respondent department navy navy government invoked exemption deny foia request data maps used help store explosives naval base washington state hold exemption stretch far congress enacted foia overhaul section administrative procedure act apa section apa plagued vague phrases gradually became withholding statute disclosure statute epa mink congress intended foia permit access official information long shielded unnecessarily public view foia thus mandates agency disclose records request unless fall within one nine exemptions exemptions explicitly made exclusive must narrowly construed fbi abramson issue exemption shields compelled disclosure documents related solely internal personnel rules practices agency congress enacted exemption replace apa exemption matter relating solely internal management agency believing sweep phrase internal management led excessive withholding congress drafted exemption narrower reach department air force rose considered extent reach department air force rose rejected government invocation exemption withhold case summaries honor ethics hearings air force academy exemption suggested primarily targets material concerning employee relations human resources use parking facilities regulations lunch hours statements policy sick leave like quoting hereinafter see rose general thrust exemption explained simply relieve agencies burden assembling maintaining information public inspection concluded case summaries fall within exemption id concern routine matters merely internal significance stated possible caveat interpretation exemption understanding provision coverage governed wrote least situation one disclosure may risk circumvention agency regulation crooker bureau alcohol tobacco firearms circuit converted caveat new definition exemption scope crooker approved use exemption shield manual designed train government agents law enforcement surveillance techniques circuit noted previously understood exemption refe pensions vacations hours work lunch hours parking etc quoting jordan department justice thought exemption also cover predominantly internal crooker whose disclosure significantly ris circumvention agency regulations statutes construction exemption reasoned flowed foia overall design legislative history even common sense congress meant enac statute whose provisions undermined effectiveness law enforcement agencies ibid ensuing years three courts appeals adopted circuit interpretation exemption see case massey fbi kaganove epa interpretation spawned new terminology courts applying crooker approach refer low exemption discussing materials concerning human resources employee relations high exemption assessing records whose disclosure risk circumvention law see schiller nlrb cadc congress well took notice circuit decision borrowing language crooker amend exemption next enacting revisions foia amended version exemption shields certain records information compiled law enforcement purposes disclosure reasonably expected risk circumvention law see freedom information reform act stat ii foia request issue arises navy operations naval magazine indian island base puget sound washington navy keeps weapons ammunition explosives island aid storage transport munitions navy uses data known explosive safety quantity distance esqd information esqd information prescribes minimum separation distances explosives helps navy design construct storage facilities prevent chain reactions case detonation ibid esqd calculations often incorporated specialized maps depicting effects hypothetical explosions see app petitioner glen milner puget sound resident submitted foia requests esqd information relating indian island navy refused release data stating disclosure threaten security base surrounding community support decision withhold records navy invoked exemption district granted summary judgment navy appeals affirmed relying high interpretation developed crooker appeals explained esqd information predominantly used internal purpose instructing agency personnel jobs disclosure material determined risk circumvention law point ing best targets bent wreaking havoc example terrorist wished hit damaging target esqd information concluded therefore qualified high exemption granted certiorari light circuit split respecting exemption meaning reverse iii consideration exemption scope starts text see park fly dollar park fly statutory construction must begin language employed congress assumption ordinary meaning language accurately expresses legislative purpose judicial decisions since foia enactment analyzed reanalyzed meaning exemption comparatively little attention focused provision simple words related solely internal personnel rules practices agency key word dozen one clearly marks provision boundaries personnel used adjective modify rules practices term refers human resources matters personnel common parlance means selection placement training employees formulation policies procedures relations involving employees representatives webster third new international dictionary hereinafter webster example personnel department department business firm deals problems affecting employees firm usually interviews applicants jobs random house dictionary hereinafter random house personnel management similarly phase management concerned engagement effective utilization manpower obtain optimum efficiency human resources webster personnel agency agency placing employable persons jobs employment agency random house foia provides additional example exemption see ratzlaf term appearing several places statutory text generally read way time appears exemption short paragraphs exemption protects disclosure personnel medical files similar files disclosure constitute clearly unwarranted invasion personal privacy statute uses term personnel modifier meaning human resources see tr oral arg file right government generally true recognized rose common congressional meaning file showing example employee born names parents lived time time school records results examinations evaluations work performance file typically maintained human resources office otherwise known recall example offered personnel department ibid exemption uses personnel exact way agency personnel rules practices rules practices dealing employee relations human resources circuit decision gave examples matters relating pay pensions vacations hours work lunch hours parking etc jordan see supra etc important doubt know enough federal government operations formulate comprehensive list rules practices referenced exemption share critical feature concern conditions employment federal agencies matters hiring firing work rules discipline compensation courts practice little difficulty identifying records qualify withholding reading commonly fall within low exemption construction statutory language simply makes clear low high see infra statute purpose reinforces understanding exemption often noted act goal broad disclosure insisted exemptions given narrow compass department justice tax analysts see department interior klamath water users protective practice constru ing foia exemptions narrowly department justice landano stands especially firm footing respect exemption described earlier congress worded provision hem prior apa exemption matter relating solely internal management agency agencies used prevent access masses documents see rose congress purpose construing exemption reauthorize expansive withholding congress wanted halt reading instead gives exemption narrower reach congress intended simple device confining provision meaning words government resists giving personnel plain meaning ground congress drafting exemption considered chose enact language exempting internal employment rules practices brief respondent drafting history navy maintains proves congress wish limit exemption matters even adjective personnel conveys meaning contexts think navy evidence insufficient scant history concerning word change easily supports inference congress merely swapped one synonym another cf mead tilley noting respect unexplained disappearance one word unenacted bill mute intermediate legislative maneuvers reliable aids statutory interpretation internal quotation marks omitted us make use legislative history believe clear evidence congressional intent may illuminate ambiguous text take opposite tack allowing ambiguous legislative history muddy clear statutory language exemption construed reach esqd information issue data maps calculate visually portray magnitude hypothetical detonations stretch imagination relate personnel rules practices term naturally understood concern physical rules governing explosives workplace rules governing sailors address handling dangerous materials treatment employees navy therefore may use exemption interpreted accord plain meaning cover human resources matters prevent disclosure requested maps data iv government offers two alternative readings exemption support withholding esqd information square either statute navy first encourages us adopt construction exemption pioneered crooker shields material meets criteria set low also predominant ly interna disclosure significantly risk circumvention federal agency functions high brief respondent internal quotation marks omitted dissent favors reading statute post crooker interpretation already suggested suffers patent flaw disconnected exemption text high test addition substituting word predominantly solely see supra ignores plain meaning adjective personnel see supra adopts circumvention requirement basis referent exemption language indeed way arrive high taking red pen statute cutting words pasting others little actual provision remains elliott department agriculture cadc high better labeled non low support approach statute government relies primarily legislative history placing particular emphasis house report concerning foia see brief respondent statement report buttresses high understanding exemption indeed specifically rejects low construction according report operating rules guidelines manuals procedure government investigators examiners exempt disclosure exemption exemption cover employee relations working conditions routine administrative procedures senate report says exactly opposite explaining support low interpretation phrase internal personnel rules practices agency means rules personnel use parking facilities regulation lunch hours statements policy sick leave like rose gave reasons thinking senate report reliable two see fundamental point said legislative history take account meant clear ambiguity create see supra wong yang sung mcgrath declining consult legislative history history conflicting text ambiguous presented one hand clear statutory language dueling committee reports must choose language government also advances support crooker high approach argument based subsequent legislative action congress government notes amended exemption cover law enforcement records whose production disclose techniques procedures law enforcement investigations prosecutions disclose guidelines law enforcement investigations prosecutions disclosure expected risk circumvention law amendment government contends codified crooker circumvention law standard ratified crooker holding brief respondent dissent likewise counts significant congress ook note crooker revising foia post see post government dissent neglect key feature amendment congress modified exemption subject crooker instead exemption crooker construction exemption renders exemption superfluous deprives amendment effect see trw andrews noting canon statutes read avoid making provision superfluous void insignificant internal quotation marks omitted think document eligible withholding exemption high reading capture circumvention standard law enforcement records listed exemption predominantly internal congress agreed crooker reading exemption reason alter exemption event congress either left statute alone theory crooker necessary work amended exemption specifically ratify crooker decision instead amend exemption suggests congress approved circumvention standard law enforcement materials wider set records high covers perhaps legislative action show congress affirmatively disagreed crooker maybe congress agnostic whether circumvention standard apply records one thing clear amendment ratify approve otherwise signal agreement crooker interpretation exemption argument therefore save high construction dissent offers one last reason embrace high indeed stakes wager argument crooker dissent asserts consistently relied upon followed years lower courts post see post claim trips starting gate immaterial even true warrant ignore clear statutory language ground courts done event true prior crooker three circuits adopted reading exemption think right changed minds see since crooker three circuits accepted high reading see supra one circuit reserved judgment high debate see audubon society forest rest considered matter one think crooker extensively discussed debated courts appeals past three decades crooker analysis exemption cited sum total five times federal appellate decisions outside circuit average every six years result split among flout usual rules statutory interpretation take side bare majority presumably crooker departs exemption language government also offers another construction says might adopt clean slate based plain text alone brief respondent reading exemption encompasses records concerning agency internal rules practices personnel follow discharge governmental functions see also exemption applies generally matters concerning internal rules practices guide agency personnel performing duties according government interpretation makes sense phrase rules practices agency logically understood mean agency rules practices personnel emphasis added purported logic government definition eludes us say ordinary parlance personnel file file employee uses personnel department department employee serves say personnel rule practice rule practice assists employee job use term personnel phrases connotes file department personnel rather file department personnel relates employee relations human resources case well illustrates point records requested earlier noted explosives data maps showing distances potential blasts travel information doubt assists navy personnel storing munitions say data maps relate personnel rules practices one staring charts explosions using ordinary language describe manner indeed government clean slate construction reaches documents stripping word personnel real meaning interpretation agency internal personnel rules practices appears mean internal rules practices agencies necessarily operate personnel internal rules practices personnel modifier personnel modifying work limit class internal rules practices exemption covers naturally viewed provision key word term define scope nothing state truism agency personnel follow internal rules practices odd reading produce sweeping exemption posing risk foia become less disclosure withholding statute mink many documents agency generates way aid employees carrying responsibilities exemption reach records tend engulf foia exemptions rendering ineffective limitations congress placed application exemption example shields records compiled law enforcement purposes one six specified criteria met yet government view agency bypass restrictions invoking exemption whenever law enforcement records guide personnel performing duties indeed agency use exemption provision withhold sensitive records fall within foia targeted interpreted way exemption call super extend rather narrow apa former exemption records relating internal management agency doubt even internal management provision congress thought allowed much withholding see supra protected information guides employees discharge duties including explosives data maps case perhaps needless say reading exemption violates rule favoring narrow construction foia exemptions see abramson rose super fact basis text context purpose foia accordingly reject although interpret exemption government proposes recognize strength navy interest protecting esqd data maps similar information government informed us ublicly disclosing esqd information significantly risk undermining navy ability safely securely store military ordnance brief respondent reason doubt representation ninth circuit similarly cautioned disclosure information used wrea havoc make catastrophe likely concerns kind sense certain sensitive information exempt disclosure part led crooker formulate high standard see contending common sense supported high interpretation congress wanted foia undermin effectiveness law enforcement agencies acknowledge decision today upsets three decades agency practice relying crooker therefore may force considerable adjustments also note however government tools hand shield national security information sensitive materials notably exemption foia prevents access classified documents see fletcher dissenting exemption specifically designed allow government agencies withhold information might jeopardize national security government generally may classify material even receiving foia request see exec order fed reg agency therefore may wait time decide whether dangers disclosure outweigh costs classification see tr oral arg exemption also may mitigate government security concerns provision applies records statute exempts disclosure thus offering congress established streamlined method authorize withholding specific records foia otherwise protect exemption already noted protects information compiled law enforcement purposes meets one six criteria including release reasonably expected endanger life physical safety individual navy argued esqd data maps fall within exemption see supra claim remains open ninth circuit address remand exemptions cover records whose release threaten nation vital interests government may course seek relief congress see tr oral arg hold today congress enacted foia exemption government desires leave congress appropriate question whether vi exemption consistent plain meaning term personnel rules practices encompasses records relating issues employee relations human resources explosives maps data requested qualify withholding exemption therefore reverse judgment appeals remand case proceedings consistent opinion ordered glen scott milner petitioner department navy writ certiorari appeals ninth circuit march justice alito concurring agree text exemption freedom information act support high interpretation courts adopted applied years explains however government may avail numerous exemptions see ante exemptions may overshadowed recent years broad reach high write separately underscore alternative argument navy raised rested exemption remain open remand see ante exemption applies specific categories information compiled law enforcement purposes particular exemption permits withholding records information compiled law enforcement purposes disclosed reasonably expected endanger life physical safety individual cases involving security information difficult show disclosure may endanger life physical safety individual difficult question however whether information compiled law enforcement purposes see john doe agency john doe may invoke exemption government burden proving existence compilation purpose view phrase reasonably encompasses information used fulfill official security crime prevention duties law enforcement purposes ordinary understanding law enforcement includes investigation prosecution offenses already committed also proactive steps designed prevent criminal activity maintain security law enforcement officer defined one whose duty preserve peace black law dictionary ed fulfilling duty involves range activities police beat aim prevent crime occurring less carry law enforcement purposes officers investigating crime scene similarly agency charged apprehension alleged offenders well crime detection prevention de sola crime dictionary emphasis added crime prevention security measures critical effective law enforcement know doubt example secret service acts law enforcement purpose protects federal officials attack even though investigation may ongoing likewise steps law enforcement officers prevent terrorism surely fulfill law enforcement purposes particularly recent years terrorism prevention national security measures recognized vital effective law enforcement efforts nation indeed fter september attacks america priorities federal bureau investigation shifted dramatically fbi top priority became prevention another terrorist attack hearings subcommittee science departments state justice commerce related agencies house committee appropriations pt testimony fbi director robert mueller iii today fbi number one priority continues prevention terrorist attacks hearings senate committee homeland security governmental affairs sess testimony mueller crime prevention security measures serve law enforcement purposes charged law enforcement responsibilities little chance fulfilling duty preserve peace context exemption confirms read naturally law enforcement purposes involve investigation prosecution exemption subparagraphs demonstrate congress knew refer narrower activities see information reasonably expected interfere enforcement proceedings information disclose techniques procedures law enforcement investigations prosecutions congress decision use different language trigger exemption confirms concept law enforcement purposes sweeps activities beyond investigation prosecution see sosa applying usual rule legislature uses certain language one part statute different language another assumes different meanings intended internal quotation marks omitted compiled law enforcement purposes given fairly broad meaning compiled john doe agency held information need originally compiled law enforcement purposes satisfy exemption threshold requirement rather even though documents put together earlier time different purpose may fall within exemption later assembled law enforcement purposes example documents originally gathered routine business purposes may fall within exemption later compiled use criminal investigation similarly federal building plans related information may compiled originally architectural planning internal purposes may fall within exemption information later compiled given law enforcement officers security purposes documents compiled multiple purposes necessarily deprived exemption protection text exemption require information compiled solely law enforcement purposes cf related solely internal personnel rules practices agency therefore may enough law enforcement purposes significant reason compilation case navy fair argument explosive safety quantity distance esqd information falls within exemption esqd information navy argues used purpose identifying addressing security issues protection people property base well nearby community damage loss death injury occur accident breach security brief appellee pp indeed esqd information compiled part effort prevent crimes terrorism maintain security reasonable argument information compiled law enforcement purposes assuming threshold requirement satisfied esqd information may fall comfortably within exemption glen scott milner petitioner department navy writ certiorari appeals ninth circuit march justice breyer dissenting justice stevens explained statute construed either consistent course decision federal judges agencies acquire clear meaning hesitate change see express mcmahon opinion concurring part dissenting part emphasis added see also commissioner fink stevens dissenting cardozo nature judicial process apply principal case accept decision circuit crooker bureau alcohol tobacco firearms en banc properly stating law one thing crooker decision joined sitting circuit judges consistently followed favorably cited every appeals considered matter past years see ibid written judge edwards joined chief judge robinson judges wright mackinnon robb wald mikva ginsburg judge tamm concurring result judge wilkey dissenting massey fbi kaganove epa cert denied dirksen hhs three circuits adopted different approach crooker decided see ante read subsequent decisions two circuits adhering early positions see abraham rose plc finding crooker textual analysis sound persuasive noting fbi symbols used internally identify confidential sources may withheld sladek bensinger expressly reserving judgment crooker issue remaining circuit district courts understand crooker apply see gavin sec wl see also mcqueen supp sd tex aff fed appx per curiam tickel irs wl ed recognize reasonable ground disagreement precise status certain precedents crooker interpretation exemption guided nearly every freedom information act foia case decided last years see generally dept justice guide freedom information act pp foia guide identifying district decisions applying crooker approach one appearing reject congress moreover well aware crooker left exemption untouched amended foia five years later see discussing crooker freedom information reform act stat amending exemption found circumstances kind offer significant support retaining interpretation statute settled lower courts see general dynamics land systems cline evans monessen southwestern morgan lindahl office personnel management herman maclean huddleston cannon university chicago blue chip stamps manor drug stores gulf oil copp paving blau lehman see generally eskridge frickey garrett cases materials legislation ed acquiescence rule also support implicit congressional ratification uniform line federal appellate interpretations another thing even majority analysis persuaded written blank slate crooker analysis careful holding reasonable circuit examined statute language legislative history precedent recognized exemption words related solely internal personnel rules practices agency easily read reads today refer human resources rules practices see also thought words read broadly referring internal rules practices set forth criteria guidelines agency personnel follow respect purely internal matters long information issue legitimate public interest circuit agreed today senate report described exemption referring matters giving examples use parking facilities sick leave like quoting also noted house report described exemption protecting disclosure perating rules guidelines manuals procedure government investigators examiners quoting pon reflection thought views two houses reconcilable one understood sets examples referring internal staff information minor personnel matters staff instruction matters public legitimate interest learning accepted view light hesitation apply individual provisions statute woodenly oblivious congress intention foia frustrate law enforcement efforts time found exemption protect internal documents legitimate public interest disclosure category includes say building plans safe combinations computer passwords evacuation plans like examining depth legislative history relevant precedent adopted approach based prior opinion circuit judge leventhal well language used department air force rose circuit held document fits within literal language exemption exempt disclosure meets test internality document legitimate public interest disclosure significantly risks circumvention agency regulations statutes crooker supra see also rose supra suggesting exemption might apply disclosure may risk circumvention agency regulation test based upon congress broader foia objectives common sense view information congress want make available crooker supra takes practical approach consistently taken interpreting foia john doe agency john doe underestimate importance practical approach reflects longstanding recognition interpret foia administrative procedure act apa part linguistic literalism fit interpretations tax code see generally pierce administrative law treatise ed judicial interpretation malleable language apa produced changes rulemaking procedure characterized revolutionary affected day year rather gradually period decades cf sunstein vermeule interpretation institutions rev observing congress appears rely courts long periods time give meaning apa justifies interpreting less formalistically statutes like internal revenue code large part foia like apa unlike tax code must govern affairs vast executive branch numerous different agencies bureaus departments performing numerous tasks many different kinds narrow interpretation working well case one agency may seriously interfere congressional objectives applied another circuit answer legal problem interpret exemption light congress basic effort achieve workable balance interests public greater access information needs government protect certain kinds information disclosure john doe agency supra see also emphasizing workable balance years experience crooker holding suggests seriously interfered foia informational objectives time permitted agencies withhold much information view congress wanted force public realm focus case law courts held information protected exemption includes blueprints department agriculture buildings store biological agents elliot department agriculture supp dc documents help hackers access national aeronautics space administration computers knight nasa wl ed agency credit card numbers judicial watch department commerce supp dc commodity futures trading commission guidelines settling cases loop kendrick llp commodity futures trading cv dist lexis nd ohio may trigger figures alert department education possible mismanagement federal funds wiesenfelder riley supp dc security plans building justices voinche fbi supp dc vulnerability assessments commerce department security plans schreibman department commerce supp dc bureau prisons guidelines controlling riots storing hazardous chemicals miller doj wl dc guidelines assessing sensitivity military programs institute policy studies department air force supp dc guidelines processing medicare reimbursement claims dirksen exemption cases withholding may seem less reasonable courts ordered disclosure cf ante citing audubon society forest maricopa audubon soc forest see generally foia guide citing nine decisions applying crooker approach nonetheless requiring disclosure majority acknowledges decision today upsets three decades agency practice relying crooker therefore may force considerable adjustments ante adjustments made government rely upon exemptions provide protection believes necessary justice alito notes exemption applies documents consist records information compiled law enforcement purposes release disclose techniques procedures law enforcement investigations reasonably expected endanger life physical safety individual information compiled law enforcement purposes building plans computer passwords credit card numbers safe deposit combinations government much experience litigating foia cases warns us exemption targets subset important agency functions may circumvented brief respondent today decision confirms point insistence narrow construction might persuade judges avoid reading exemption broadly enough provide protection majority suggests government classify documents remain private ante see permitting withholding material properly classified authorized kept secret interest national defense foreign policy classification best partial solution takes time subject rules government points hinder sharing information government buildings first responders local fire police departments brief respondent congress president believe nation currently faces problem much little classified material see reducing act stat exec order cfr indeed congress recently found commission others observed information interferes accurate actionable timely information sharing increases cost information security needlessly limits stakeholder public access information information causes considerable confusion regarding information may shared negatively affects dissemination information within federal government state local tribal entities private sector reducing act stat legislative findings suggest crooker poses serious threat foia public information objectives leaves congressional action points congress remains free correct whatever problems finds today narrowing exemption legislative action takes time congress much matters compared foia revision may warrant higher legislative priority view courts appropriate interpretation turn congress public information objectives workable agency practice adhere interpretations settled courts already interpreted exemption interpretation consistently relied upon followed years congress taken note interpretation amending parts statute interpretation reasonable proved practically helpful achieved commonsense results consistent foia overall statutory goals new different interpretation raises serious problems new interpretation require congress act preserve status quo let sleeping legal dogs lie reasons respect dissent footnotes adopted predominantly internal standard way implementing exemption requirement materials relat solely agency internal personnel rules practices word solely reasoned given construction consonant reasonableness otherwise solely conflict expansive term related internal quotation marks omitted three courts appeals previously taken narrower view exemption scope consistent interpretation adopted rose see cox department justice concluding exemption covers agency internal housekeeping matters internal quotation marks omitted stokes brennan holding exemption must read broadly exempt occupational safety health administration manual training compliance officers hawkes irs internal practices policies referred exemption relate type concerns circuits never revised understandings exemption see infra navy also invoked exemption applies records information compiled law enforcement purposes extent production records reasonably expected endanger life physical safety individual courts decide whether navy withhold esqd data exemption wd app pet cert wl government records also must satisfy requirements exemption exempt disclosure information must relat solely meaning usual exclusively random house agency personnel rules practices information must internal agency must typically keep records use see webster internal means existing situated within limits something agency human resources documents often meet conditions dissent reject longstanding rule construction favor approach asking courts turn congress public information objectives workable agency practice post opinion breyer nothing foia either explicitly implicitly grants courts discretion expand contract exemption basis enacting foia congress struck balance thought right generally favoring disclosure subject handful specified exemptions across length breadth federal government see john doe agency john doe judicial role enforce congressionally determined balance rather dissent suggests post assess case case department department task task whether disclosure interferes good government perplexed dissent takes seriously crooker notion reports reconcilable post strip matter essentials house report says exemption means senate report says exemption means definition irreconcilable dissent view two th ese circuits adher ed early positions incorrect post abraham rose cited dissent sixth circuit rejected government claim exemption shielded records federal tax lien filings nowhere discussed high versus low question issue reference crooker concerned part decision interpreting solely mean predominantly see see also supra subsequently sixth circuit held rugiero department justice exemption applies routine matters merely internal significance sladek bensinger dissent also cites fifth circuit insisted government disclose drug enforcement administration agent manual type trivial rule allocation parking facilities covered exemption confirming low interpretation statute acknowledged another circuit embraced high standard however declined consider alternative interpretation changed case outcome see ibid finally eighth circuit last word exemption clear dissent say otherwise exemption according recent eighth circuit decision applies agency housekeeping matters cox internal quotation marks omitted dissent surely right say post crooker guided nearly every foia case decided last years circuits applying crooker statement hold circuits using low approach notably even courts approving crooker disagreed apply high fault lines include whether risk circumvention must significant see hidalgo fbi supp dc pet cert whether courts consider public interest disclosure calculating risk see department justice guide freedom information act whether agency must regulate person entity threatening circumvention compare fletcher dissenting disagreement surprising high nowhere evident statute courts lack normal guideposts ascertaining coverage dissent asserts years experience expansive interpretation exemption suggests seriou interfere nce foia informational objectives post objectives suffer time agency denies foia request based improper interpretation statute give one example forest service wrongly invoked exemption multiple occasions withhold information things bird nesting sites see audubon society forest maricopa audubon soc forest recent statistics raise concern federal agencies may readily use exemption refuse disclosure according amicus public citizen reliance exemptions overall rose reliance exemption rose time period brief public citizen et al amici curiae alone federal departments cited exemption times prevent access records see brief allied daily newspapers washington et al amici curiae doubt many foia denials appropriate unable accept dissent unsupported declaration sweeping construction exemption interfered congress goal broad disclosure