Grand Canyon Trust v. Bernhardt, No. 18-5232 (D.C. Cir. 2020)Annotate this Case
The Trust appealed the district court's decision finding that the Trust failed to show that its Freedom of Information Act (FOIA) suit caused the agencies to change their positions. In this case, the Trust requested records from the Bureau of Land Management (BLM) and the Office of the Secretary of the Interior, and all parties subsequently agreed that the Trust received the lion's share of the records requested only after suit.
The court held that, in order to establish eligibility for attorney's fees, a FOIA plaintiff must show that its lawsuit caused a change in the agency's position regarding the production of requested documents; the clear error standard of review applies to a district court's fact-finding regarding causation; and the district court did not clearly err here by finding that the Trust's lawsuit did not cause a change in the agencies' positions.