Natural Resources Defense Council, Inc. And Energy Research Foundation v. Defense Nuclear Facilities Safety Board

Exemption 3 of the Sunshine Act piggybacks on other statutes, permitting an agency to close the portions of a meeting that are likely to “disclose matters specifically exempted from disclosure by statute”. 5 U.S.C. § 552b(c)(3) (1988) (emphasis added). The exempting statute must also satisfy one of exemption 3’s two subsections. It will satisfy subsection (A) if it “requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue”, id. § 552b(c)(3)(A); it will satisfy subsection (B) if it “establishes particular criteria for withholding or refers…