[Erik Latranyi]

You want courts legislating from the bench? You need federal laws for this. And you need a federal agency to monitor it. An agency that has the ability to go monitor pollutants in all states.

Please show me where the EPA exists in the US Constitution.

[DannyTN]

"Please show me where the EPA exists in the US Constitution.

Environmental Regulation And The Constitution

You might disagree with these court rulings, but even if you somehow got the EPA disbanded using a 10th amendment argument, I suspect, we would shortly see a constitutional amendment authorizing Federal involvement in Environmental issues.