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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Navy maps public, court rules

Case about ammunition dump near Port Townsend

David G. Savage

WASHINGTON – The Supreme Court on Monday rejected the government’s broad use of an exemption in the federal Freedom of Information Act to withhold documents from the public, ruling for a Washington state resident who wants Navy maps relating to its main West Coast ammunition dump.

The court, by an 8-1 vote, threw out an appeals court ruling that backed the Navy’s decision to withhold maps showing the extent of damage expected from an explosion at the ammunition dump near Port Townsend in Western Washington.

Justice Elena Kagan, writing for the court, said maps could not be withheld under a FOIA provision that deals with a federal agency’s “personnel rules and practices.” Kagan said that part of the law concerns “issues of employee relations and human resources.”

The case before the court revolved around competing ideas of public safety. The government said that releasing the maps could allow someone to identify the precise location of the munitions that are stored at its base on Indian Island.

But Glen Milner, a longtime community activist, said that the people who live near the base have valid reasons for wanting to know whether they would be endangered by an explosion. An explosion at the Navy’s Port Chicago ammunition depot during World War II killed 320 people.

Kagan said the Navy may have legitimate interests in keeping the maps out of public circulation. She said the government could stamp the maps “classified,” which would keep them from being disclosed under FOIA. Or the Navy could perhaps rely on another FOIA provision that protects law enforcement information in some circumstances, she said.