[jamese777]

Even if Title 8 was codified into positive law, and it’s not, it wouldn’t trump the Constitution.

Which “title” was in play regarding the clean air act? Has that code been enacted into positive law? What constitutional questions were in play?

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The Code of Federal Regulations is administrative law.
Administrative law is positive law. Administrative law is the law of the land unless and until the Courts invalidate an administrative law, which is the same as invalidating a statuatory law. The law is the law until its not!
From Title Eight of the Code of Federal Regulations:
“Title 8, Code of Federal Regulations

The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with “Aliens and Nationality”, as does Title 8 of the U.S. Code.”

[El Gato]

Administrative law is positive law. Administrative law is the law of the land unless and until the Courts invalidate an administrative law, which is the same as invalidating a statuatory law. The law is the law until its not!

So, you are maintaining that the Executive branch can make laws?

Someone needs to tell Madison and the others who wrote:

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

and

The executive Power shall be vested in a President of the United States of America.