It was a choice, a choice that was skewered thanks to the pressure of the press and the San Francisco's government's silly requirements. This is not an FCC regulation. It's simply an environmental certification which is totally optional and not obligatory.
Pressure from the press?
They reported that Apple withdrew their products. Look - Apple didn't need to withdraw all of their toys from the sandbox. Apple chose to do that. Many were still EPEAT compliant.
And yes - you finally get it - it's totally optional and not obligatory. Which means that Apple can do whatever it wants. And right now - they believe it's better to be certified than not.