The bureaucracies are much more accountable than the courts. Congress can limit them at will, and so can the executive, at any time. And the head bureaucrats ar

The bureaucracies are much more accountable than the courts. Congress can limit them at will, and so can the executive, at any time. And the head bureaucrats are not only appointed by elected representatives, unlike supreme court judges, they can be relieved of their powers at any time for any reason. The EPA wasn't determining law on their own. Congress decided to entrust them with the authority to regulate emissions of pollutants explicitly, and both Congress and the Executive can at any time limit their action if they feel like the EPA is overstepping. They did not, because both Congress and the Executive feels like the EPA is acting as they should.