Critical Mass Energy Project v. Nuclear Regulatory Commission

While I continue to believe, for the reasons previously given, Critical Mass Energy Project v. NRC, 931 F.2d 939, 947 (D.C.Cir.1991) (Randolph, J., concurring), that the test announced in National Parks and Conservation Ass’n v. Morton, 498 F.2d 765 (D.C.Cir.1974), incorrectly interpreted Exemption 4 of the Freedom of Information Act, 931 F.2d at 947-48, I am persuaded that stare decisis counsels against overruling National Parks.

The Supreme Court rarely overrules its decisions construing statutes. Stare deci-sis is considered “most compelling” in such cases (Hilton v. South Carolina Pub.…