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FOREST GUARDIANS v. U.S. DEPT. OF INTERIOR

No. 04-2098.

416 F.3d 1173 (2005)

FOREST GUARDIANS, a non-profit New Mexico corporation, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the INTERIOR; Bureau of Land Management, Defendants-Appellees. and New Mexico Public Lands Council, a non-profit organization on behalf of their respective members; New Mexico Cattle Growers Association, a non-profit organization on behalf of its members, Defendants-Intervenors.

United States Court of Appeals, Tenth Circuit.

July 22, 2005.

Attorney(s) appearing for the Case

Richard J. Mietz, Santa Fe, NM, for Plaintiff-Appellant.

Robert D. Kamenshine, Appellate Staff, Civil Division, Department of Justice, Washington, DC (Peter D. Keisler, Assistant Attorney General, Robert G. McCampbell, United States Attorney, Leonard Schaitman, Appellate Staff, Civil Division, Department of Justice, Washington, DC, with him on the brief), for Defendants-Appellees.

Before BRISCOE, McKAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiff-appellant Forest Guardians sought to obtain information and a waiver of all search and copying fees from the Bureau of Land Management ("BLM") under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. After the BLM refused to release the information and denied the fee waiver, Forest Guardians sued the BLM in federal district court.1 The district court granted Forest Guardians...

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