40 CFR 17.6
§ 17.6 Standards for awards.
United States · 40 CFR — Protection of Environment · Status: effective
Cite this
- Citation
- 40 CFR 17.6, § 17.6 Standards for awards, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/168148
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Full text
(a) A prevailing applicant may receive an award for fees and expenses incurred in connection with a proceeding unless the position of the EPA as a party to the proceeding was substantially justified or unless special circumstances make the award sought unjust. No presumption arises that the agency's position was not substantially justified simply because the agency did not prevail.
(b) An award shall be reduced or denied if the applicant has unduly or unreasonably protracted the proceeding.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.