San Francisco, California - Two conservation organizations filed a lawsuit today in the Federal District Court in San Francisco challenging the Forest Service's improper denial of fee waivers under the Freedom Of Information Act (FOIA).

The FOIA mandates that federal agencies provide copies of their records free of charge for requests that are in the public interest and are not in the primary commercial interest of the requestor. The Environmental Protection Information Center (EPIC) and the Forest Issues Group requested fee waivers under FOIA for electronic geographic information systems (GIS) data for the Klamath and Tahoe National Forests. However, the two organizations were told by the Forest Service that this type of information was not subject to the FOIA's fee waiver provisions and that they had to pay the Forest Service to obtain the requested data.

"Both the FOIA and Forest Service regulations make it abundantly clear that electronic information such as GIS data qualifies for a fee waiver," said Anthony Ambrose of EPIC. "The refusal to grant our few waiver requests for this information puts a burden on non-profit organizations that wish to participate in the decision-making process and hold our public agencies accountable. If they get away with this, then they will likely be emboldened to withhold other important information from the public in the future."

The FOIA was amended in 1996 to facilitate the dissemination of electronic information when it is available, and specifically states that "an agency shall provide the record in any form or format requested by the person if the record is readily reproducible by the agency in that form or format." However, the two National Forests insisted that GIS data does not qualify for fee waivers under the FOIA, prompting the conservation groups to appeal the fee waiver denials to the Forest Service headquarters in Washington, D.C. The Washington Office has refused to make a decision on the appeals within the timelines provided by the FOIA, forcing the two conservation groups to go to court to obtain the requested data.

"The inability of the Forest Service to understand and implement clear FOIA regulations is further indication that the agency should be required to provide interested parties with information that is necessary to evaluate and analyze projects," said Jerry Bloom for the Forest Issues Group.

"The Forest Service's refusal to provide public information free of charge, as required by the FOIA, represents the behavior of an agency that feels they don't have to be accountable to the public whom they serve," said EPIC's Ambrose. "This fits with a larger pattern of federal agencies under the Bush Administration withholding important information from the public, and appears to be part of the Administration's growing attempt to prevent public access to information pertaining to government activities. Unless the courts step in to correct this issue, the very basis of democracy and participatory government is at risk."

EPIC and the Forest Issues Group are represented by attorneys Brian Gaffney of Oakland, CA and J. Todd Hutchins of South Yuba River Citizens League in Nevada City.