GroundRules
40 CFR 17.6: Standards for awards.
Where this section sits in the code
- Title 40—Protection of Environment
- CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY
- SUBCHAPTER A—GENERAL
- PART 17—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN EPA ADMINISTRATIVE PROCEEDINGS
- Subpart A—General Provisions
(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.
Collected 2026-08-27T02:26:04Z. Source file · JSON