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.