Southwest Center for Biological Diversity v. United States Department of Agriculture

OPINION

CANBY, Circuit Judge.

The only issue in this appeal is whether § 207 of the National Parks Omnibus Management Act (“1998 Parks Act”), 16 U.S.C. § 5937, which creates a statutory exemption from the Freedom of Information Act (“FOIA”), applies to the present *1061case that was pending when that exemption was enacted. Congress expressed no clear intent on that question. Because we conclude that application of the exemption will not have an impermissible retroactive effect on the plaintiffs, we approve the general practice of applying the law in effect at the time the court renders its decision.…