Frazee
Frazee v. United States Forest Service
Opinion
Lead Opinion
Pregerson, J.
Plaintiffs-Appellants James E. and Joann P. Frazee, doing business as High Lakes Contractors (collectively, the “Frazees”) challenge an administrative agency decision to release information under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 . The United States Forest Service, United States Department of Agriculture, John E. Lowe, Regional Forester, Pacific Northwest Region, and Sally Collins, Supervisor of Des-chutes National Forest (collectively, “Forest Service”) decided to disclose the Frazees’ Operating Plan for managing two Forest Service recreational facilities in response to a FOIA request. The Frazees filed suit in district court to prevent this disclosure, alleging their Operating Plan was exempt from disclosure as confidential information protected by § (b)(4) of FOIA, 5 U.S.C. § 552 (b)(4). On cross motions for summary judgment, the district court granted summary judgment in favor of the Forest Service and dismissed the Frazees’ complaint. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.
I.
Through a Solicitation for Offers dated November 16, 1993 (“Solicitation”), the Forest Service sought proposals for qualified applicants to operate the…