“some courts use the "Lodestar" method, allowing nonprofit lawyers to set their own reasonable hourly rates and billable hours. These figures are usually just rubber-stamped by the courts because they spend time Because time spent by the Department of Justice contesting fee awards is added to a nonprofit group's ultimate windfall.”
- Speaker
- Speaker A
- Timestamp
- 6:40 – 7:24
- Community
- Alaska News
- Captured at
- May 20, 2026
From the transcript
These large payouts are possible because there is little oversight of fee awards sought by nonprofit litigants. For example, some courts use the "Lodestar" method, allowing nonprofit lawyers to set their own reasonable hourly rates and billable hours. These figures are usually just rubber-stamped by the courts because they spend time Because time spent by the Department of Justice contesting fee awards is added to a nonprofit group's ultimate windfall. Worse yet, even EJ's $125-an-hour cap is frequently bypassed through a special factor exception that courts for attorneys claiming environmental expertise. Astonishingly, in some cases, courts have ruled that the expertise justifying higher payment was gained during the litigation itself.
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