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U.S. Department of Energy
Office of Scientific and Technical Information

Regulation and the courts: the case of the Clean Air Act

Book ·
OSTI ID:5608250

Federal judges have become increasingly aggressive over the past two decades in their oversight of administrative action. Reviewing how federal courts have influenced policymaking in the regulation of air pollution, Melnick probes the long-term effects of a variety of court decisions that have helped to shape environmental policy during the 1970s. He shows not only that court decisions had consequences unforeseen by judges and legal commentators, but also that the net effect of a large number of trial and appellate court decisions was to widen the gap between the promise and performance of the programs administered by the Environmental Protection Agency. He explains how these difficulties resulted from the peculiar institutional characteristics of the judicial branch. 538 references, 2 tables.

OSTI ID:
5608250
Country of Publication:
United States
Language:
English