40 CFR § 17.6 - Standards for awards.

---
identifier: "/us/cfr/t40/s17.6"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 17.6 - Standards for awards."
title_number: 40
title_name: "Protection of Environment"
section_number: "17.6"
section_name: "Standards for awards."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "17"
part_name: "IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN EPA ADMINISTRATIVE PROCEEDINGS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Section 504, Title 5 U.S.C., as amended by sec. 203(a)(1), Equal Access to Justice Act (Title 2 of Pub. L. 96-481, 94 Stat. 2323)."
regulatory_source: "48 FR 39936, Sept. 2, 1983, unless otherwise noted."
cfr_part: "17"
---


# 17.6 Standards for awards.

(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.