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KOWACK v. U.S. FOREST SERVICE

No. 12-35864.

766 F.3d 1130 (2014)

Mark KOWACK, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE; Thomas Tidwell, Chief of the United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2014.

Attorney(s) appearing for the Case

Stacey Weldele-Wade (argued), Antonioli and Wade, P.C. Missoula, MT, for Plaintiff-Appellant.

Michael W. Cotter , United States Attorney, George F. Darragh, Jr. at (argued), Assistant United States Attorney, Great Falls, MT, Karen Carrington , Office of General Counsel, U.S. Department of Agriculture, Charles Spricknall , Office of General Counsel, U.S. Department of Agriculture, Washington, D.C., for Defendant-Appellee.

Before: ALEX KOZINSKI, Chief Judge, JOHNNIE B. RAWLINSON and CARLOS T. BEA, Circuit Judges.

OPINION

KOZINSKI, Chief Judge:

Democracy functions ill in shadow, yet government bureaucracies are notoriously reluctant to reveal their internal processes. Recognizing this tension, Congress passed the Freedom of Information Act ("FOIA") in 1966. FOIA fosters transparency by adopting a baseline presumption that information in the hands of the government belongs to the people and must be disclosed on request. But some secrecy is necessary, so FOIA includes...

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