As mentioned in related threads, with the exception of the federal entities listed in the Constitution's Clause 17 of Section 8 of Article I as examples, entities under the exclusive legislative control of Congress, the states have never delegated to the feds, expressly via the Constitution, the specific power to decide policy for intrastate environmental issues. With all due respect to family and friends of the late President Nixon, he was wrong to sign the bill that established the EPA into law.
In fact, note that the Supreme Court has clarified in general that powers not expressly delegated to the feds via the Constitution, the power to decide policy for intrastate environmental issues in this example, are prohibited to the feds.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
If Nixon had really wanted the feds to have the constitutional authority to decide policy for environmental issues then he should have done the following. Nixon needed to encourage Congress to propose an environmental protection amendment to the Constitution to the states for ratification. And if the states had chosen to ratify Nixon's amendment then the feds would have the constitutional authority that they need to decide policy for intrastate environmental issues and Nixon would be a hero.
Sadly, it’s gotten to the point that certain agencies could give two craps about what the constitution or congress have to say. Above the law? In their eyes they are.