{"data":{"id":"us/40-cfr-17.26","jurisdiction":"us","citation":"40 CFR 17.26","heading":"Decision on application.","body":"The Presiding Officer shall issue a recommended decision on the application which shall include proposed written findings and conclusions on such of the following as are relevant to the decision:\n(a) The applicant's status as a prevailing party;\n(b) The applicant's qualification as a “party” under 5 U.S.C. 504(b)(1)(B);\n(c) Whether EPA's position as a party to the proceeding was substantially justified;\n(d) Whether the special circumstances make an award unjust;\n(e) Whether the applicant during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy; and\n(f) The amounts, if any, awarded for fees and other expenses, explaining any difference between the amount requested and the amount awarded.","path":["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 C—Procedures for Considering Applications"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"375e57fdf036c836b46d0144ee9ec85d11d46a4d4677309b0032837ed8736b3b","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-17.25","next":"us/40-cfr-17.27"},"notice":"GroundRules: Original legal text. Not legal advice."}