Leaving it up to the courts could backfire too….
Check it out:

States, energy companies and business groups are preparing to sue the Obama administration over its new climate rule, viewing it as their best shot at stopping the regulations while President Obama is still in office.

With Congress largely powerless to stop the rule, opponents of Obama’s push say the court system is their only hope at beating back the carbon limits until a new president takes over the Oval Office in 2017.