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OIL, CHEMICAL AND ATOMIC WORKERS v. D.O.E.

No. 01-5163.

288 F.3d 452 (2002)

OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, AFL-CIO, and James K. Phillips, Jr., Vice President of Oil, Chemical and Atomic Workers International Union, AFL-CIO, Appellees, v. DEPARTMENT OF ENERGY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 2002.

Attorney(s) appearing for the Case

Douglas Hallward-Driemeier, Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and Leonard Schaitman, Attorney, U.S. Department of Justice.

Daniel Guttman argued the cause for appellees. With him on the brief were Brian P. McCafferty, Reuben A. Guttman and Traci L. Buschner.

Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Dissenting opinion filed by Circuit Judge ROGERS.

RANDOLPH, Circuit Judge:

This is an appeal of an award of attorney's fees for actions brought under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, and the Government in the Sunshine Act, 5 U.S.C. § 552b. The question is whether Buckhannon Bd. & Care Home, Inc. v. West Virginia Dep't of Health & Human Res.,

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