Maricopa Audubon Society v. United States Forest Service

The Maricopa Audubon Society and one of its members, Dr. Robin Silver (collective *1084 ly referred to as “Audubon”), appeal the denial of a request they filed pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552 . The request sought material that identifies the nest sites of northern goshawks on national forest land. The United States Forest Service denied the request on the ground that the information fell within exemption 2 of FOIA, which exempts from disclosure matters that are “related solely to the internal personnel rules and practices of an agency.” 5 U.S.C. § 552 (b)(2). The district court agreed and ruled, in the alternative, that it would exercise its equitable discretion to deny the request. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

BACKGROUND

Dr. Robin Silver, on behalf of the Maricopa Audubon Society, wrote to the Regional Forester for the Southwestern Region of the Forest Service, requesting the release of certain documents pursuant to the Freedom of Information Act. The letter requested, inter alia, a copy of “the transcript and/or the manuscript” of a public presentation by Forest Service researchers to the annual meeting of the…