Rocky Mountain Wild v. United States Forest Service, et al., No. 21-1169 (10th Cir. 2022)
Annotate this CaseFor years the parties in this case litigated the propriety of a proposed development in the Wolf Creek Ski Area—which the US Forest Service managed. The proposed development was a plan for highway access known as “the Village at Wolf Creek Access Project.” Plaintiff challenged this plan because of alleged environmental risks to the surrounding national forest. The highway-access litigation continued, but relevant here was a 2018 FOIA request Plaintiff submitted asking Defendant for “all agency records regarding the proposed Village at Wolf Creek Access Project.” Plaintiff’s request caused an enormous undertaking by Defendant. The statute instructed government agencies to use reasonable efforts to produce responsive records upon request. Beyond that, FOIA also exempted nine categories of records from public disclosure. Plaintiff requested and received voluminous records under FOIA, but claimed Defendants United States Forest Service (“USFS”) and United States Department of Agriculture (“USDA”) abused these statutory limitations to hide information about projects that harmed the environment. The district court rejected Plaintiff’s speculative theory and found USFS’s efforts to comply with Plaintiff’s FOIA request reasonable. Finding no reversible error in that judgment, the Tenth Circuit affirmed.
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