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Synopsis
In recent years, federal courts have become increasingly aggressive in shaping regulatory policy, abandoning their traditional deference to bureaucratic expertise. This new judicial activism has been particular evident in the regulation of air pollution. R. Shep Melnick analyzes the effects a variety of court decisions have had on federal air pollution control policy and assesses the courts’ institutional capacity for policymaking in such a complex arena. In six cases studies of environmental programs or issues he examines the interplay among the courts, the Environmental Protection Agency, Congress, and the White House. The conventional wisdom is that the courts have improved environmental policymaking, but Melnick concludes that as a whole “the consequences of court action under the Clean Air Act are neither random nor beneficial.” He finds that “court action has encouraged legislators and administrators to establish goals without considering how they can be achieved,” widening the gap between promise and performance. The results, he charges, have been increased cynicism, serious inefficiencies and inequities, and a lack of rational debate. An analysis of the institutional characteristics of the judicial branch reveals how these problems have come about and why they are likely to afflict other programs as well as environmental regulation. The author proposes several reforms to improve the courts’ ability to handle regulatory cases.
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About the Author
R. Shep Melnick is the Thomas P. O'Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of two previous Brookings books that combine legal, political, and bureaucratic analysis: Regulation and the Courts: The Case of the Clean Air Act and Between the Lines: Interpreting Welfare Rights.
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Regulation and the Courts: The Case of the Clean Air Act
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Brookings Institution Press, 1983
ISBN 10: 0815756615
ISBN 13: 9780815756613
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Regulation and the Courts: The Case of the Clean Air Act
Published by
Brookings Institution Press, 1983
ISBN 10: 0815756615
ISBN 13: 9780815756613
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Regulation and the Courts: The Case of the Clean Air Act
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ISBN 10: 0815756615
ISBN 13: 9780815756613
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Regulation and the Courts: The Case of the Clean Air Act
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ISBN 10: 0815756615
ISBN 13: 9780815756613
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Regulation and the Courts : The Case of the Clean Air Act
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ISBN 13: 9780815756613
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Regulation and the Courts: The Case of the Clean Air Act
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ISBN 10: 0815756615
ISBN 13: 9780815756613
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Regulation and the Courts (Paperback)
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ISBN 10: 0815756615
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Paperback. Condition: new. Paperback. In recent years, federal courts have become increasingly aggressive in shaping regulatory policy, abandoning their traditional deference to bureaucratic expertise. This new judicial activism has been particular evident in the regulation of air pollution. R. Shep Melnick analyzes the effects a variety of court decisions have had on federal air pollution control policy and assesses the courts institutional capacity for policymaking in such a complex arena. In six cases studies of environmental programs or issues he examines the interplay among the courts, the Environmental Protection Agency, Congress, and the White House. The conventional wisdom is that the courts have improved environmental policymaking, but Melnick concludes that as a whole the consequences of court action under the Clean Air Act are neither random nor beneficial. He finds that court action has encouraged legislators and administrators to establish goals without considering how they can be achieved, widening the gap between promise and performance. The results, he charges, have been increased cynicism, serious inefficiencies and inequities, and a lack of rational debate. An analysis of the institutional characteristics of the judicial branch reveals how these problems have come about and why they are likely to afflict other programs as well as environmental regulation. The author proposes several reforms to improve the courts ability to handle regulatory cases. The US federal courts have become increasingly aggressive in shaping regulatory policy. This new judicial activism has been particular evident in the regulation of air pollution. This book analyses the effects a variety of court decisions have had on federal air pollution control policy and assesses the courts' institutional capacity for policymaking in such a complex arena. This item is printed on demand. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780815756613
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Regulation and the Courts: The Case of the Clean Air Act
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ISBN 13: 9780815756613
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Regulation and the Courts
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Regulation and the Courts
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