The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.
Independent agencies should mirror executive branch practices to overcome judicial scrutiny.
A divided government may not fully explain the creation of agencies not directly controllable by the President.
Scholars examine the history and consequences of the Clear Air Act’s exemption of existing industrial facilities.
A lower ozone standard means more benefits for Americans.
Different agency design choices result in a continuum of independence.
Better understanding of OIRA’s role – and its rationale – provides a new agenda for reform.