The possibility that Freedom of Information Act requesters can recover attorneys’ fees in FOIA lawsuits makes it easier to find attorneys to represent requesters on a contingency or pro bono basis.
Conversely, when new restrictions on the award of attorneys fees are put in place, as they have been in recent years, the availability of pro bono attorneys in FOIA cases has seemed to shrink accordingly.
FOIA reform legislation introduced last year by Sen. John Cornyn (R-TX) and Sen. Patrick Leahy (D-VT) would restore the previous standard which permitted recovery of attorneys’ fees whenever a requester’s lawsuit resulted in an agency decision to release the requested record.
The larger question of Attorneys’ Fees generally (not specifically in the FOIA context) is treated at length in a new report from the Congressional Research Service. A copy was obtained by Secrecy News.
See “Awards of Attorneys’ Fees by Federal Courts and Federal Agencies,” updated January 24, 2006.
Even the best-designed policy rests on assumptions about who will staff it, how it will be funded, whether the responsible institutions have ever coordinated, and if the goals are achievable. Those assumptions usually go unchecked until a program is already struggling, stalled by capacity bottlenecks, overlapping authorities, and other predictable implementation problems. To dig into […]
These fellows will be working to turn ambitious ideas into actionable policy – from improving how frontier AI models are evaluated for government use to strengthening biosecurity protections and building the workforce needed to keep AI systems safe.
The goal: help communities approach data center development with stronger negotiating tools and a clearer understanding of what’s possible.
Just as sports fanatics had plenty to celebrate this year, so does the heat policy team at FAS. In response to recent heat events, leaders across the country have taken steps to build heat resilience.