Energy Policy Advocates v. Office of the Attorney General

A Massachusetts Superior Court granted in part and denied in part plaintiff Energy Policy Advocates’ motion for fees and costs incurred in the plaintiff’s litigation under the Public Records Law seeking disclosure of records concerning “a politically sensitive program whereby the [Office of the Attorney General] secured private funding through a university-affiliated foundation to retain lawyers specially assigned to energy-related litigation.” The court concluded the plaintiff was entitled to fees since “there can be no serious question” that the plaintiff was “substantially successful in security the vast majority of the public records it sought.” The court found that some requested fees were not supported with sufficient documentation, that hourly rates for three attorneys were excessive, and that the plaintiff could not be awarded fees for contested matters on which it did not prevail. The court rejected arguments that the plaintiff could not be awarded fees incurred prior to the filing of its complaint or fees for summary judgment motions that the court denied without prejudice on purely procedural grounds.