The Supreme Court has granted cert to Milner v. Department of the Navy, which involves a FOIA decision by the Ninth Circuit Court of Appeals and FOIA exemption 2. Milner sought information about the distance at which Naval munitions stored at a base on an island off the coast of Washington would be liable to explode. The Navy invoked exemption 2 and both the District Court and Ninth Circuit Court of Appeals approved the exemption to withhold the material.
The question presented on this case per the Supreme Court filing of Milner is "whether 5 U.S.C. § 552(b)(2), which allows a government agency to keep secret only documents related solely to the internal personnel rules and practices of an agency, must be strictly construed to preclude the "High 2" expansion created by some circuits but rejected by others."