patriotpa,
Although far from all good, the EPA isn't all bad.
One of the good things they required was diesel puff limiting.
The old way with diesel engines was a puff of black smoke when the engine was floored. It was caused by the fuel system's delivery being faster than the turbo's spool up time.
As more fuel was dumped into the engine before the turbo spooled up a large puff of black smoke came out of the exhaust. Puff limiting delays fuel delivery until sufficient boost to burn it is reached.
Today, we have power, economy and clean engines. Or we have our cake and enjoy it.
I'll side with LLC5, as VW willfully and unethically ignored the law, so they need to pay the price. However, as our politician's ethics are more lacking than VW's, I doubt VW will pay the price.
That being said, I am not a fan of the EPA for the reasons you mentioned and more.
As their little game showed they lacked the engineering skills to deliver what people paid for, screw them.