40 C.F.R. § 17.26

Current through October 31, 2024
Section 17.26 - Decision on application

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:

(a) The applicant's status as a prevailing party;
(b) The applicant's qualification as a "party" under 5 U.S.C. 504(b)(1)(B) ;
(c) Whether EPA's position as a party to the proceeding was substantially justified;
(d) Whether the special circumstances make an award unjust;
(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
(f) The amounts, if any, awarded for fees and other expenses, explaining any difference between the amount requested and the amount awarded.

40 C.F.R. § 17.26