Rocky Mountain Wild, Inc. v. United States Forest Service

KELLY, Circuit Judge.

Plaintiff-Appellant Rocky Mountain Wild appeals from the district court’s determination of law that Defendant-Appellee U.S. Forest Service has no duty under the Freedom- of Information Act (FOIA) to disclose unseen documents in possession of third-party contractors. Rocky Mountain Wild, Inc. v. U.S. Forest. Serv., 230 F.Supp.3d 1245, 1246 (D. Colo. 2017). The question on appeal is whether the documents aré “agency records” within the meaning of FOIA, We have jurisdiction under 28 U.S.C. § 1291 and affirm because the documents were not created, obtained, or controlled by…