3—Petitioners’ Prehearing

Brief

activities. See Exhibit 1, March 26, 2001 letter from Darrell Geist to

MDOL. The information requested included, among other things, flight logs

and flight plans, narratives of buffalo management activities that the

MDOL is required to keep pursuant to the incidental take statement issued

by the U.S. Fish and Wildlife Service and which is required by the ESA,

impacts on bald eagles and their habitat, information regarding ESA

required consultations between the MDOL and federal agencies, and

information regarding development of the MDOL’s 2000-2001 Annual

Operation Plan for hazing the Yellowstone buffalo. the use of helicopters

to haze buffalo, and records documenting the costs of the MDOL’s buffalo

hazing operations. In his letter, Mr. Geist

requested the MDOL notify him

in writing of when the Department would make the requested records and

information available for inspection and copying. SeeExhibit 1. The MDOL

did not respond to Mr. Geist’s request.

On April 30, 2001, Mr. Geist called the MDOL regarding his written

request to inspect public documents that he had made over a month

earlier. Mr. Geist subsequently spoke with the MDOL’s legal counsel, Bernie

Jacobs. Mr. Jacobs informed Mr. Geist that MDOL did not intend to comply

with Mr. Geist’s request.On June 7, 2001, Mr. Geist again wrote to Marc Bridges of the MDOL

notifying him that the matter was being turned over to Petitioners’