FOIA Advisor

Court opinion issued Sept. 11, 2023

Court Opinions (2015-2023)Allan BlutsteinComment

Colo. Wild Pub. Lands v. U.S. Forest Service (D.D.C.) -- in case involving records of agency’s evaluation of a proposed land exchange, ruling that: (1) agency improperly withheld disputed records pursuant to Exemption 5, because they were either not deliberative or did not meet the foreseeable harm test; (2) agency properly relied on Exemption 6 to withhold employee’s work cell phone number and contact information of third parties, except for business contact information of real estate agents; and (3)(a) plaintiff adequately alleged that agency had policy and practice of unlawfully withholding land exchange records, (b) its claim was not moot, and (c) declaratory relief was appropriate but that a referral to a Special Counsel was not.

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