A swing and a miss.
Let us take the Clean Air act as an example. The law clearly gives the EPA the authority to regulate particulates in the atmosphere, I am pretty sure we can both agree on that. I will go out on a limb here and guess that you, being intelligent, will admit that carbon dioxide is not a particulate. Despite the fact that carbon dioxide, not being a particulate, is not a pollutant as defined by the Clean Air Act. Despite this, the court managed to decide that gases that are naturally part of our atmosphere are pollutants. Legislation had nothing to do with this.
You struck out on this one. If you look through the law, you'll see Congress gave the EPA wide authority in defining air pollutants and the court agreed. Pollutants are not limited to just suspended matter. In a 5-4 decision in Massachusetts v. Environmental Protection Agency, the Supreme Court held that “greenhouse gases fit well within the Act’s capacious definition of ‘air pollutant’. The Act defines "air pollutant" as "any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive . . . substance or matter which is emitted into or otherwise enters the ambient air".
http://www.gpo.gov/fdsys/pkg/USCODE-2008-title42/pdf/USCODE-2008-title42-chap85.pdf
The Constitution of the United States clearly limits the ability of Congress to regulate the speed limit in front of my house. That simple fact often escapes the statists who believe that government is the best answer to everything.
I was not suggesting that the federal government had that authority. I was trying to illustrate that when a law is passed, regulations may be required because there're isn't enough detail for implementation.
I do have to agree that regulations are clearly for the benefit of those being regulated. In fact, I made that point way back in my OP if you care to go look. Regulations limit competition, and hurt consumers. They are often written to specify not just a goal, but a specific method of meeting that goal.
Some regulations such as those protecting endangered species may not be in the best interest of businesses and their customers because the purpose of the regulation and underlying law are to preservation wildlife for the benefit of current and future generations. Regulations that limit hazardous material dumping and preservation of natural resources, transportation of hazardous materials, and use of airspace are there to protect the public, not to increase corporate profits.
However, that is certainly not the case with all regulations. Brokerage and bank customers would certainly not be better off without the SEC, bank reserve requirements, and mandated audits; restaurant customers are better off with health dept. regulations; operation of nuclear power plants without any regulation or oversight would unthinkable. I could go on, but...
Actually, they aren't meant to carry the weight of law. Funny thing though, federal prosecutors want to use regulations to turn people into felons. Ever wonder why they do that?
Whether they were meant to or not, they do. Prosecutors certainly use regulations to prosecute violators as they should. However, those same regulations provide protection for companies that follow the law.
And other sill jump to the erroneous conclusion that because they are promulgating and enforcing regulations, they are doing their job. What, exactly, is your point here?
My point is that there's a lot of objections to regulations that do not exist. Because the regulatory authority publishes a set of recommendations and guidelines does not mean it's a regulation.