” By not passing the bill, Congress acted. That means it’s neither wanted nor legal! “
Then, by not passing the bill stripping the EPA of this power, Congress abdicated its legislative and oversight powers.. That means that Congress is no longer needed...
So, your statement appears to be based on the theory that any regulatory agency can do anything it wants unless it's specifically prohibited by Congress? I don't think that's how it works. Regulatory agencies are not supposed to be able to do anything unless it's specifically provided for by Congress and approved by the President (Presidential approval not required if Congress overrides his veto).
Unfortunately, Congress is shirking its duty. I sure would like to see a Supreme Court ruling that restricts regulatory agencies to only their approved powers.
And yes, we do need a Congress, but one that stands fast to its oaths and obligations to support and defend the Constitution.