Rocky Mountain Wild, Inc. v. United States Forest Serv., 878 F.3d 1258 (10th Cir. Jan. 5, 2018).
Jan 5, 2018
This case arose out of an advocacy group’s request for documents relating to a land exchange proposal under the Freedom of Information Act. On appeal, the Tenth Circuit held that the district court correctly denied the records request under FOIA, because (a) a private contractor created the materials, (b) the Forest Service never obtained the materials, and (c) the materials should not be classified as agency records merely because the private contractor maintained the materials pursuant an agreement with the Forest Service.