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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,...

Melnick probes beneath the facade of the contemporary welfare state to reveal the deeper patterns of policy change. He sheds light on the fascinating mystery of why programs like AFDC, food stamps, and special education survive and often flourish in the face of political opposition and budgetary pressures.