A few years ago, the Environmental Protection Agency lost a string of high-profile lawsuits brought by environmentalists challenging the Bush administration’s regulations. And in certain circles, it was fashionable to cite those as proof of the Bush EPA’s incompetence if not its utter corruption.
In a much heralded law review article, for example, Harvard’s Jody Freeman and Adrian Vermeule wrote that the Bush administration’s record illustrated the problem of “politicization of expertise,” and that serious judicial review of regulatory decisions would help to ensure that “expertise,” not politics, would prevail.
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