In an unexpected portion of its unanimous opinion in Frew v. Hawkins, 540 U.S. 431 (2004), the Supreme Court broke new ground on an important question involving consent decrees. The case began when Texas state officials invoked the Eleventh Amendment in their resistance to a federal Medicaid...

This article examines the evidence from thirty-eight years of experience under the Clean Air Act Amendments of 1970 (and later amendments) and concludes that federal air pollution regulation has achieved the greatest pollution reductions when requirements were aimed directly at pollution sources...