Summary
The United States Court of Appeals for the District of Columbia Circuit held that the OPEN Government Act of 2007 could not be applied retroactively to support an award of attorneys' fees in a Freedom of Information Act action. The agency disclosed the requested records before the Act's enactment, and the parties' later formal settlement did not alter the timing of the relevant fee-triggering event. The court reversed the district court's decision and vacated the fee award.
Topics
Practice areas
Questions Presented
- Whether the OPEN Government Act of 2007 could be applied to authorize attorneys' fees when the agency voluntarily disclosed the requested records before the statute's enactment but the parties formally settled afterward.
- Whether the timing of the parties' post-enactment stipulation made application of the 2007 Act nonretroactive.
Holdings
- Applying the 2007 Act to authorize attorneys' fees would have impermissible retroactive effects because it would attach a new legal consequence to the Bureau's pre-enactment disclosure of the requested records.
- The timing of the parties' subsequent settlement was irrelevant to the Bureau's potential liability for attorneys' fees and did not avoid the retroactive effect of applying the 2007 Act.
Key quotations
“Applying the 2007 Act to this case would attach a new legal consequence (liability for attorneys' fees) to an event completed before its enactment (the Bureau's disclosure in September 2007).” (610 F.3d at 750)
“The disclosure was last in the chain of events relevant to Judicial Watch's eligibility for attorneys' fees under the new law, and it took place months before the law's enactment.” (610 F.3d at 750)
Factual background
In March 2007, Judicial Watch requested records from the Bureau concerning communications about a federal-land transaction. After the Bureau failed to produce the records, Judicial Watch filed a FOIA action in September 2007, and the Bureau later voluntarily disclosed thirty-five responsive pages and conducted an unsuccessful supplemental search. The President signed the OPEN Government Act of 2007 on December 31, 2007, after the disclosure but before the parties formally stipulated to judgment. The district court applied the new statute and awarded attorneys' fees.
Procedural history
Judicial Watch sued after the Bureau failed to produce requested records. The Bureau later disclosed responsive records, and the parties stipulated to entry of judgment in favor of the Bureau while Judicial Watch reserved its right to seek attorneys' fees. The district court awarded Judicial Watch $3,605.57 under the OPEN Government Act of 2007. The D.C. Circuit reversed and vacated the fee award.