StacksVerified U.S. regulatory reference

40 CFR §17.26

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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:
  1. (a)The applicant's status as a prevailing party;
  2. (b)The applicant's qualification as a “party” under 5 U.S.C. 504(b)(1)(B);
  3. (c)Whether EPA's position as a party to the proceeding was substantially justified;
  4. (d)Whether the special circumstances make an award unjust;
  5. (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
  6. (f)The amounts, if any, awarded for fees and other expenses, explaining any difference between the amount requested and the amount awarded.