ELR Citation: ELR 20796
No(s). 72-2470 (4th Cir. Sep 11, 1973)

A summary judgment against plaintiffs seeking to compel disclosure under the Freedom of Information Act of the results of radiation level surveys by EPA in private and public structures built on uranium tailings is reversed. The court rules that EPA has not sustained its burden of establishing a right to exemption from disclosure under exemption (6) of the Act by showing that disclosure would constitute a "clearly unwarranted invasion of personal privacy." Oral promises of confidentiality to some householders conflict with the fact that the information has been made available to the state Department of Health and through it to other persons, but such promises would not in any case override the Act. In addition, the interest or lack of interest of the plaintiffs seeking disclosure is immaterial under the Act, and the court is not permitted to balance equities in applying the statute.

A dissent argues that blanket disclosure to non-interested parties of information that the government obtained under a good-faith agreement that it would not be disclosed is in fact a clearly unwarranted invasion of personal privacy, and thus not required by the Act.

Counsel for Plaintiffs
Victor H. Kramer
Richard B. Wolf
Joel Zeldin
Institute for Public Interest Representation
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001

Counsel for Defendant
Andrew J. Graham Asst. U.S. Attorney
409 Post Office Building
Baltimore, MD 21202