Clean coal/dirty air : or how the Clean air act became a multibillion-dollar bail-out for high-sulfur coal producers and what should be done about it / Bruce A. Ackerman and William T. Hassler
1. Beyond The New Deal: The New Deal Ideal ; A new generation confronts The New Deal -- 2. The myth of expertise: From statute to policy ; The distorting prism of litigation ; Litigation and long-range planning -- 3. The politics of ignorance: Filling the analytic gap ; Asking the wrong questions ; The House Proposals of 1976 ; The uses of technocratic intelligence ; Political convenience and legal ambiguity ; Low-visibility politics -- 4. The myth of majority rule: Energy policy takes center stage ; Regional protectionism in the open ; Midnight lawmaking ; Congressional breakdown? -- 5. To what end?: A thought experiment ; Defining the problem: SO[sub(x)] ; Protecting health and environment in the East: the perils of scrubbing ; Beyond the East: the visibility problem -- 6. Expertise in the service of politics: EPA at the crossroads ; An agency at war with itself ; Executive politics ; Technocratic ascendancy ; Agency decision -- 7. Agency-forcing and the role of courts: The Agency-forcing statute ; The principle of full inquiry ; The principle of textual priority ; The coordination principle ; Beyond formalistic review -- 8. Reform: Learning from experience? ; The importance of institutional design ; Ends and means in environmental law -- Notes -- Index
Analysis
United States Atmosphere Pollution by coal industries Law
Notes
"Preliminary version ... published by the Yale law journal in its July 1980 issue under the title 'Beyond the New Deal: coal and the Clean air act.'"
