Attorney’s Fees

Section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) is amended by adding at the end the following new subsection: (d) For purposes of subsection (b), a party is considered prevailing if it has obtained relief through— (1) a judicial order, including any order that conclusively resolves a claim by granting enduring relief on the merits that alters the legal relationship between the parties, or a preliminary injunction or temporary restraining order that materially alters the relationship between the parties and is not reversed and regardless of any subsequent vacatur of the order on mootness grounds; (2) an enforceable written agreement or consent decree; or (3) a voluntary or unilateral change in position by the defendant, or government office, agency, or official, that renders the action or proceeding moot, deprives the party of standing, or that substantially grants the relief sought by the party..