40 CFR 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.
Title 40 published on 2014-07-01
no entries appear in the Federal Register after this date.