Griffin Industries, Inc. v. United States Environmental Protection Agency
2011 U.S. App. LEXIS 9688
| 6th Cir. | 2011Background
- Griffin Industries sought attorney fees under EAJA after the district court granted declaratory relief and injunctive relief against EPA regarding FOIA disclosures of Griffin's documents.
- EPA's handling of third-party FOIA requests for Griffin materials involved classifying some documents as 'publicly available' and reviewing others for exemptions, which Griffin challenged as arbitrary and not in accordance with law.
- The district court held EPA's pre-litigation position regarding 'publicly available' documents was arbitrary and capricious, and granted Griffin’s fee petition in March 2009 for $116,038.03.
- EPA appealed, arguing the district court erred by awarding fees based on pre-litigation conduct and failed to require a finding of bad faith.
- Sixth Circuit reversed the fee award, holding the district court failed to make explicit and required findings of subjective bad faith or improper purpose.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether EAJA fees require a finding of bad faith | Griffin argues bad faith is not required for all fee awards. | EPA argues fees require explicit subjective bad faith or improper purpose findings. | Bad faith finding required; reversed. |
| Whether pre-litigation conduct alone justifies EAJA fees | Meritless pre-litigation conduct can justify fees. | Pre-litigation conduct alone is insufficient without bad faith. | Pre-litigation conduct alone not enough without bad faith. |
| Whether the district court adequately found subjective bad faith | Court's prior ruling partially supports bad faith. | No explicit subjective bad-faith finding was made. | Requirement not satisfied; abuse of discretion. |
| Whether the record supports an implicit finding of bad faith | Implicit indications could justify the award. | No substantial evidence of improper purpose in the record. | Insufficient; cannot sustain award. |
Key Cases Cited
- BDT Products, Inc. v. Lexmark Int'l, Inc., 602 F.3d 742 (6th Cir. 2010) (abuse-of-discretion review; requires explicit bad-faith findings)
- Shimman v. Int'l Union of Operating Engineers, 744 F.2d 1226 (6th Cir. en banc 1984) (pre-litigation conduct alone generally not grounds for fees)
- Big Yank Corp. v. Liberty Mutual Fire Insurance Co., 125 F.3d 308 (6th Cir. 1997) (requires explicit bad-faith findings for fee awards)
- Bergman v. United States, 844 F.2d 353 (6th Cir. 1988) (strict standard for subjective bad faith in EAJA awards)
- Centex Corp. v. United States, 486 F.3d 1369 (Fed. Cir. 2007) (discusses bad-faith standard and related standards)