Whitson v. U.S. Forest Serv., No. 16-01090, 2017 WL 3723260 (D. Colo. Aug. 29, 2017) (Babcock, J.)

Whitson v. U.S. Forest Serv., No. 16-01090, 2017 WL 3723260 (D. Colo. Aug. 29, 2017) (Babcock, J.)

Re:  Request for records concerning misconduct investigation related, in part, to administration of Wild Horse and Burro Program

Disposition:  Granting defendant's motion for reconsideration of court's partial grant of plaintiff's cross-motion for summary judgment

• Exemption 7, Threshold:  The court holds that "for the first time, the Forest Service provides evidence of its overall law enforcement function."  "Without question, the Forest Service had ample opportunity to present this evidence in the briefs it filed in connection with the parties' cross summary judgment motions."  "Nonetheless, in the interests of justice, [the court] cannot ignore clear evidence that the Forest Service is a mixed-function agency that may invoke FOIA Exemption 7 provided that the remaining prerequisites of this exemption are satisfied."  The court specifically notes that the material at issue involved "conduct that was 'possibly illegal'" and "[s]pecific laws that may have been violated."  The court states that it will conduct a further review of defendant's Exemption 7(C) and Exemption 7(E) withholdings.