Black Hills Clean Water All. v. U.S. Forest Serv., No. 21-5072, 2022 WL 4365875 (D.S.D. Sept. 21, 2022) (Piersol, J.)

Black Hills Clean Water All. v. U.S. Forest Serv., No. 21-5072, 2022 WL 4365875 (D.S.D. Sept. 21, 2022) (Piersol, J.)

Re:  Request for exploratory gold drilling in Northern Hills District office of Black Hills National Forest

Disposition:  Granting plaintiff’s request for leave to conduct discovery

• Litigation Considerations, Discovery:  The court finds that “[it] was unable to find guidance from the Eighth Circuit regarding discovery in FOIA actions.”  “The Court is not convinced that the Eighth Circuit would heavily circumscribe discovery in FOIA cases as has become the practice in the D.C. Circuit.”  “District courts in the Eighth Circuit have broad discretion in managing discovery in other civil litigation.”  “It is the Court’s conclusion that it has broad discretion to manage discovery in this FOIA case.”  “In light of its broad discretion to manage discovery, and recognizing the parties’ mutual confusion regarding the discovery deadline, the Court will allow [plaintiff] to discover documents related to the adequacy of the Forest Service’s search.”