Hawaii's Intermediate Court of Appeals just issued a memorandum decision (not published in a bound reporter) regarding Hawaii's Information Practices Law and the availability of attorney's fees to litigants.  The underlying case involved runoff into the ocean, but those issues weren't germane to the decision.

In State of Hawaii v. Earthjustice, pursuant to a request under Hawaii Revised Statutes Ch. 92, the State Department of Health apparently inadvertently disclosed the records of a third party to Earthjustice.  When the State attempted to retrieve the documents, their attempts were denied.  A lawsuit followed and most of the documents were returned. 

Earthjustice thereafter sought attorney's fees for the litigation.  The Intermediate Court of Appeals found that the fee statute in Ch. 92 only provided fees when the litigation was required to compel disclosure, not the return of records.

Hawaii's courts of appeal usually strictly construe fee-shifting statutes, like the one here.