Thursday, November 06, 2008

Ag Undersecretary: Missoula Appeal “Superfluous and Uninformed.” U.S. Agriculture Undersecretary Mark Rey says Missoula County's recent appeal over federal handling of a Freedom of Information Act request is "superfluous and uninformed." In a telephone interview with The Associated Press this week, Rey talked about the county's demand for information related to road easements involving the Forest Service, which he oversees, and Plum Creek Timber Co. The county will get all the information it is due under the FOIA request, Rey said, but that may not be all the information sought. The request filed in June arose as Missoula County officials looked into private negotiations between the Forest Service and Plum Creek, negotiations about possible changes in the easements that are a framework for company use of Forest Service roads. In the appeal filed last week, the county said the Forest Service provided too little information in response to the FOIA request. As more information is gathered, it will be sent if deemed appropriate for release, Rey said. The appeal is superfluous because one filed earlier by the county has not been decided, and uninformed because an index requested in the county's latest appeal is something not normally provided outside of a court case, he said. Deputy Missoula County Attorney D. James McCubbin on Wednesday defended the request for the index and said the appeal he sent last Friday was submitted one business day before an appeal deadline specified by the Forest Service. McCubbin said the agency told him not meeting that deadline would result in the county forgoing its right to appeal....

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