Black Hills Clean Water Alliance v. United States Forest Service et al

Filing 78

MEMORANDUM OPINION AND ORDER on Attorney Fee Award. Signed by U.S. District Judge Lawrence L. Piersol on 05/08/2024. (KLE)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA

5:20-CV-5034-LLP

BLACK HILLS CLEAN WATER ALLIANCE,

Plaintiff,
MEMORANDUM OPINION AND ORDER
ON ATTORNEY FEE AWARD

vs.

UNITED STATES FOREST SERVICE,
UNITED STATES DEPARTMENT OF

AGRICULTURE,
Defendants.

On February 14, 2024, this Court granted Plaintiff, Black Hills Clean Water Alliance's
(BHCWA) motion for attorney fees after finding that it was both eligible for and entitled to
attorney fees.(Doc.70.) Further briefing was ordered to assist the Court in determining the amount
of attorney fees to award.' The briefing has been completed. This Opinion solely concerns what
constitutes a reasonable attorney fee award in this case, BHCWAI.
DISCUSSION

The Freedom of Information Act(FOIA) provides for the award of"reasonable attorney

fees and other litigation costs reasonably incurred in any case under this section in which the
complainant has substantially prevailed." 5 U.S.C. § 552(a)(4)(E)(i). The D.C. Circuit Court has
explained the purpose of this fee-shifting provision:

This court, drawing on the Senate and House Committee reports for FOIA and its
amendments, explained long ago that the provision for attorney's fees "was not enacted to
provide a reward for any litigant who successfully forces the government to disclose
information it wished to withhold," but instead "had a more limited purpose—to remove
the incentive for administrative resistance to disclosure requests based not on the merits of

' The Court determined that Plaintiff was not eligible for attorney fees or costs in BHCWA2.
However, Plaintiff had combined the legal work on the motions for attorney fees in BHCWAI and
BHCWA2 instead ofseparating the time spent pursuing attorney fees in each case. Thus,the Court
directed Plaintiff to submit a supplement explaining its reasonable costs and attorney fees solely
related to preparing the motion for attorney fees in BHCWAI. (Doc. 70.)