ELR Citation: ELR 20712
No(s). 95-2210 (10th Cir. Jan 6, 1997)

The court holds that the Freedom of Information Act (FOIA) requires the U.S. Forest Service to release to an environmental group management territory maps identifying Mexican spotted owl nest sites. The Forest Service may not withhold the maps under FOIA exemption 2, which permits withholding of information "related solely to the internal personnel rules and practices of an agency." Even if the court were to adopt the broad "high" interpretation of exemption 2 that some other circuits have adopted, the maps would not be exempt from disclosure, because they do not fall within the language of the exemption. It stretches the language too far to conclude that owl maps "relate" to personnel practices of the Forest Service. Additionally, although the Forest Service must disclose documents that embody secret law, the fact that the maps do not embody secret law does not mean that the Forest Service need not disclose them.

Counsel for Plaintiffs
Matthew Kenna
Kenna & Associates
1300 Meadow Rd., Durango CO 81301
(970) 385-6941

Counsel for Defendant
John P. Schnitker
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before KELLY, HOLLOWAY and WEIS,^* Circuit Judges.