Silverton Mountain Guides LLC v. U.S. Forest Serv., No. 22-00048, 2023 WL 6148122 (D. Alaska Sept. 20, 2023) (Kindred, J.)

Silverton Mountain Guides LLC v. U.S. Forest Serv., No. 22-00048, 2023 WL 6148122 (D. Alaska Sept. 20, 2023) (Kindred, J.)

Re:  Request for records concerning Guided Helicopter Skiing Prospectus

Disposition:  Denying plaintiff’s request for attorney fees

• Attorney Fees:  In an Administrative Procedure Act case, the court considers plaintiff’s request for attorney fees under the FOIA.  The court finds that “[i]t appears that the Forest Service voluntarily changed its position when it provided the requested information to Plaintiff, potentially satisfying the first requirement above in 5 U.S.C. § 552(a)(4)(E)(ii)(II).”  However, the court finds that “[b]ecause Plaintiff draws no link between the individual panelists and the ultimate outcome in [the APA portion of this case], its FOIA claim seeking disclosure of the panelists’ identities is ‘insubstantial’ when viewed against the broader backdrop of this action.”  “Plaintiff is not entitled to an award of its attorney’s fees and costs incurred in relation to the prosecution of its FOIA claim.”