; or (ii) special circumstances make such an award unjust. (B) Substantially justified determination Whether the position of the plaintiff was substantially justified for purposes of subparagraph (A)(i) shall be determined on the basis of the administrative record, as a whole, relating to the energy-related cause of action for which fees and other expenses are sought. 202. Limiting sue and settle practices (a) Definitions In this section: (1) Agency; agency action The terms agency and agency action have the meanings given those terms under section 551 of title 5, United States Code. (2) Covered civil action The term covered civil action means a civil action— (A) seeking to compel agency action; (B) alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of— (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; and (C) brought under— (i) chapter 7 of title 5, United States Code; or (ii) any other statute authorizing such an action. (3) Covered consent decree The term covered consent decree means— (A) a consent decree entered into in a covered civil action; and (B) any other consent decree that requires agency action relating to a regulatory action that affects the rights of— (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government. (4) Covered consent decree or settlement agreement The term covered consent decree or settlement agreement means a covered consent decree and a covered settlement agreement. (5) Covered settlement agreement The term covered settlement agreement means— (A) a settlement agreement entered into in a covered civil action; and (B) any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of— (i) private persons other than the person bringing the action