A Dangerous Precedent: The Influence of Critical Mass III on Exemption 4 of the Federal Freedom of Information Act.

A 1992 decision by the United States Court of Appeals for the District of Columbia Circuit ushered in new standards for the public to gain access to government records under Exemption 4 of the Freedom of Information Act of 1976. Critical Mass Energy Project v. Nuclear Regulatory Commission illustrates how issues in corporate-influenced FOIA cases are resolved-a compromise of parties making claims on government-controlled information, rather than simply the court making a determination based in "the people's right to know." This article examines Exemption 4, which was intended to balance the competing interests of corporate secrecy and public scrutiny of regulated businesses. The article reviews Exemption 4's role in protecting corporate trade secrets before turning to Critical Mass III. Finally, the article examines the changes in trade secret cases under the FOIA since Critical Mass III and explores the implications of the new approach for those seeking access to corporate records under the FOIA. [ABSTRACT FROM AUTHOR]