United States Ninth Circuit

Summary judgment for defendant regarding its denial of waivers of fees for certain records requests by plaintiffs under the Freedom of Information Act (FOIA) is reversed because only statutes setting mandatory fees, rather than statutes setting discretionary fees, meet the exception to the FOAI fee waiver provision.

Appellate Information

• Argued 11/17/2005
• Decided 12/19/2005
• Published 12/19/2005

Judges

• FARRIS, Circuit Judge., Before FARRIS, TASHIMA, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brian Gaffney, Oakland, CA, for the plaintiffs-appellants., Bonne W. Beavers, Spokane, WA, for amici curiae, The Selkirk Conservation Alliance and The Lands Council.


• For Appellees:
  
• Chinhayi J. Coleman, Assistant United States Attorney, San Francisco, CA, for the defendant-appellee.