For the interested here is a selection of key quotes from the recent US District Court decision in the Rocky Mountain Wild vs. USFS (and the Village at Wolf Creek Land Exchange Environmental Impact Statement process.).
Of course, this is a my cherry picked presentation since there was a lot of legalese, background, and Judge Wiley Daniel detailing why he decided as he did - all worth getting acquainted with, but too much to be posting over here. I thank Rocky Mountain Wild for making the full decision available.
ROCKY MOUNTAIN WILD, INC., a Colorado non-profit corporation,
UNITED STATES DEPARTMENT OF AGRICULTURE, a federal agency,
This case arises out of a request by the Plaintiff on February 27, 2014, to
- The Forest Service and other federal, state or local agencies;
- The Forest Service and the Leavell/McCombs joint partnership and their associates;
- The Forest Service and Tetra Tech or other third-party contractor or similar entities engaged in preparing the EIS or portions thereof;
- The Forest Service and any members of the public;
- The Forest Service and any other external entity.
1. Plaintiff’s Cross Motion for Partial Summary Judgment (ECFNo.19) is GRANTED in part, based on my further determination that the Forest Service has violated FOIA by failing to conduct a reasonable search for responsive documents for this FOIA request, and by withholding information without showing that this information was exempt from disclosure under FOIA exemption 5.
Wiley Y. Daniel
Senior United States District Judge