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FOREST SERVICE EMPLOYEES v. U.S. FOREST SERVICE

No. 05-36221.

524 F.3d 1021 (2008)

FOREST SERVICE EMPLOYEES FOR ENVIRONMENTAL ETHICS, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE, an agency of the U.S. Department of Agriculture, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 1, 2008.

Attorney(s) appearing for the Case

David A. Bahr, Western Environmental Law Center, Eugene, OR, argued the cause for the plaintiff-appellant and filed briefs.

Steve Frank, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued the cause for the defendant-appellee and filed a brief; Leonard Schaitman, Appellate Staff, Civil Division, United States Department of Justice, Washington DC, Karen J. Immergut, United States Attorney, Portland, OR, and Peter D. Keisler, Assistant Attorney General, United States Department of Justice, Washington, DC, were on the brief.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CONSUELO M. CALLAHAN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are called upon to decide whether the United States Forest Service must publicly release the identities of agency personnel who responded to a wildfire that killed two Forest Service employees.

I

On July 20, 2003, the Forest Service engaged a wildfire in the Salmon-Challis National Forest in Idaho, which would later become known as the "Cramer Fire." Two days later, Forest Service firefighters Shane Heath and Jeff Allen...

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