Richard S. wrote:... the EPA won the right to regulate CO2 under the current Clean air Act after a Supreme Court decision ... The EPA is an unelected bureaucracy, we don't allow the DEA, FBI or any other agency make up their own laws.
So the regulatory authority WAS in the law, affirmed as you say by the conservative-leaning Supreme Court. How then do you say the EPA was making up its own laws? Whatever your views on CO2 regulation, it appears the EPA was following
the law, not making it up.
The unelected bureaucracies -- FAA, FDA, IRS, TSA, EPA, etc. etc. -- don't make laws, they make regulations
to implement the laws. That is their function. Their regulations can be, and often are, challenged in court if someone disagrees with their interpretation of the law. In this case, the court agreed with the EPA. So you are correct, if Congress changes the law, the EPA will follow the law and stop regulating CO2.
DEA and FBI are enforcement agencies, not regulatory, which is somewhat different.