§17.7. Allowable fees and other expenses.

40 C.F.R. § 17.7

(a)

The following fees and other expenses are allowable under the Act—

(1)

Reasonable expenses of expert witnesses;

(2)

The reasonable cost of any study, analysis, engineering report, test, or project which EPA finds necessary for the preparation of the party's case;

(3)

Reasonable attorney or agent fees;

(b)

The amount of fees awarded will be based upon the prevailing market rates for the kind and quality of services furnished, except that:

(1)

Compensation for an expert witness will not exceed $24.09 per hour; and

(2)

Attorney or agent fees will not be in excess of $75 per hour.

(c)

In determining the reasonableness of the fee sought, the Presiding Officer shall consider the following:

(1)

The prevailing rate for similar services in the community in which the attorney, agent, or witness ordinarily performs services;

(2)

The time actually spent in the representation of the applicant;

(3)

The difficulty or complexity of the issues raised by the application;

(4)

Any necessary and reasonable expenses incurred;

(5)

Such other factors as may bear on the value of the services performed.

Notes, amendments, and revision history

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).

Source: 48 FR 39936, Sept. 2, 1983, unless otherwise noted.