[all the best]

The EPA lacks authority to enact law. Regulations are rules that come with penalties. Sounds like laws to me. Laws are the job of the legislative branch.

[Ben Ficklin]

"Laws are the job of the legislative branch"

Court decisions also carry the force of law.

In this particular case, both Bush and Obama wanted Congress to pre-empt by enacting legislation. Congress tried to pass cap and trade in 2009 but failed. In 2010 the Senate tried a scaled back version but that also failed.

[sefarkas]

The Administrative Procedures Act is the law that specifies how independent agencies promulgate enforceable regulations. Highlights include publishing in the Federal Register, a public comment interval, and disposition of those comments before finalizing the regulation in the Code of Federal Regulations.