I am not so sure about your optimism. The EPA can wreck havoc if not checked by Congress. Combine the EPA with the courts, you have a train wreck without any Congressional action. Environmental groups and states are suing to force the EPA to take even more actions. There is no hope of Congress stopping the EPA even if conservatives do well in next year’s election. The EPA can levy large fines, write onerous regulations, and threaten (even jail) individuals for non compliance.
Don’t mistake pragmatism for optimism. I know that the EPA is a train wreck, I’m just saying that Cap and Trade is worse.