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Archives

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Comment

CEI’s Comments to the Department of Transportation on Ensuring Lawful Regulation

  • By: David S. McFadden
  • 05/01/2025

Dear Mr. Cohen: The Department of Transportation’s above-captioned request for information seeks “public comment on how best to ensure lawful regulation and to achieve meaningful…

Transportation

Letters

CEI joins Coalition for Innovative Laboratory Test, FDA’s laboratory developed tests rule

  • By: David S. McFadden
  • 04/14/2025

Re:     Court vacating FDA’s final rule on LDT regulation, Executive Order 14219, Executive Order “Reducing Anti-Competitive Regulatory Barriers”, & FDA Regulation of Laboratory Developed Tests…

Business and Government

Blog

CEI celebrates agency giving up power

  • By: David S. McFadden
  • 04/08/2025

Even if it becomes commonplace, we should pause in wonderment whenever an agency repeals its own regulations and relinquishes power, whether voluntarily or not. And…

Energy and Environment

Comment

CEI’s comment on NEPA removal regulations

  • By: David S. McFadden
  • 03/27/2025

Re:      Docket No. CEQ–2025–0002, RIN 0331-AA10 Removal of National Environmental Policy Act Implementing Regulations, 90 Fed. Reg. 10,610 (Feb. 25, 2025). Dear Ms. Healy:…

Energy and Environment

Blog

Cracks in the regulatory freezeout

  • By: David S. McFadden, Marlo Lewis, Jr.
  • 01/22/2025

On the first afternoon of his second term, President Donald Trump signed 46 executive orders. They included welcome tools for restraining the administrative state. Among…

Deregulation

Comment

Comment on notice of proposed rulemaking: Employment of Workers with Disabilities

  • By: David S. McFadden
  • 01/21/2025

RE: Comment on notice of proposed rulemaking: Employment of Workers with Disabilities under Section 14(c) of the Fair Labor Standards Act, RIN 1235–AA14 Dear Mr.

Labor and Employment

Products

Free to Prosper: Constitutional restoration

  • By: David S. McFadden, Devin Watkins
  • 01/14/2025

Restraining the federal government’s powers is at the heart of our Constitution. That document designates the boundaries of federal power as well as…

Blog

Department of Education bails out of student loan bailout

  • By: David S. McFadden
  • 12/26/2024

For the second time in the past month, the Biden administration withdrew a proposed rule that CEI had opposed. The Department of Education has…

Subsidies and Bailouts

Blog

Proposed student loan bailout rule makes no sense

  • By: David S. McFadden
  • 12/12/2024

As the Federal Register approached its previous record of 95,894 pages in a year (set in 2016), the Biden administration devoted a few more…

Subsidies and Bailouts

Blog

DOL heeds CEI’s advice on apprenticeship rule

  • By: David S. McFadden
  • 12/10/2024

Rather like its chief, the Biden administration has moments of lucidity. When that occurs, it is entitled to a measure of praise. Praise, and perhaps…

Labor and Employment

News Release

Biden Labor Department withdraws controversial apprenticeship rule opposed by CEI

  • David S. McFadden
  • 12/05/2024

On November 27, the Biden administration withdrew the Department of Labor’s proposed rule imposing costly, burdensome requirements on everyone involved in federal apprenticeship programs.

Business and Government

Comment

Student Debt Relief Comment

  • By: David S. McFadden
  • 12/02/2024

Re: Student Debt Relief Based on Hardship for the William D. Ford Federal Direct Loan Program, the Federal Family Education Loan Program, the Federal Perkins…

Deregulation

News Release

Court ruling against regulator power in environmental assessments wins praise from CEI

  • David S. McFadden
  • 11/12/2024

Today the D.C. Circuit Court of Appeals ruled on an important case concerning the authority of federal regulators to prescribe the content of environmental impact…

Business and Government

American Institute For Economic Research

The Supreme Court Reshuffles the Regulatory Deck 

  • By: David S. McFadden
  • 09/20/2024

We sometimes forget that the Constitution of the United States is intended both to direct the nation’s governance and to advance the nation’s economy. But…

Energy and Environment

Blog

Proposed USDA rule disregards recent Supreme Court rulings

  • By: David S. McFadden
  • 09/12/2024

The first two of the four priorities the US Department of Agriculture (USDA) lists on the homepage of its website are tackling social justice,…

Antitrust

Comment

CEI’s comment on Fair and Competitive Livestock and Poultry Markets

  • By: David S. McFadden, Ryan Young
  • 09/10/2024

Dear Mr. Offutt: On behalf of the Competitive Enterprise Institute, we respectfully submit these comments to the Department of Agriculture (“the Department”) on its proposed…

Antitrust

Blog

CEI opposes SEC’s gag rule

  • By: David S. McFadden
  • 07/01/2024

The Securities and Exchange Commission does not like to be criticized. That’s not unusual. What is unusual is that the SEC includes a prohibition of…

Law and Litigation

Blog

New FDA lab tests rule could bankrupt small labs

  • By: David S. McFadden
  • 04/30/2024

Yesterday the Food and Drug Administration (FDA) announced that on May 6 it will promulgate a rule under its authority to regulate medical devices.

Healthcare

Blog

Wi-Fi on wheels: FCC oversteps its authority with school bus ruling

  • By: David S. McFadden
  • 04/12/2024

This week the Competitive Enterprise Institute filed an amicus brief regarding yet another case of mission creep in the Biden administration. In this instance,…

Law and Litigation

Legal Brief

CEI Issues Amicus Brief in Support of Petitioners in Molak vs. FCC

  • By: David S. McFadden
  • 04/10/2024

In Molak v. Federal Communications Commission, CEI argued that neither of the provisions of the Telecommunications Act relied upon by the Federal Communications Commission supported…

Law and Litigation

Comment

Comment on notice of proposed rulemaking: National Apprenticeship System Enhancements

  • By: David S. McFadden
  • 03/19/2024

Brent PartonPrincipal Deputy Assistant Secretary for Employment and TrainingU.S. Department of Labor200 Constitution Ave. NW, Room N-5641Washington, D.C. 20210 Docket No. ETA-2023-0004, RIN 1205–Ac13 Dear…

Labor and Employment

Blog

FDA power grab would hurt labs, patients, rule of law

  • By: David S. McFadden
  • 12/18/2023

The Food and Drug Administration has proposed to amend one of its rules for the purpose of unlawfully expanding its jurisdiction over diagnostic tests.

Law and Litigation

Comment

Comments RE: Docket No. FDA–2023–N–2177 for “Medical Devices; Laboratory Developed Tests

  • By: David S. McFadden
  • 12/04/2023

I am an attorney with the Competitive Enterprise Institute. The Competitive Enterprise Institute is a non-profit research and advocacy organization that focuses on regulatory policy.

Health and Safety

Blog

Labor Department would ignore law to change overtime rules

  • By: David S. McFadden
  • 11/14/2023

I submitted a comment on behalf of the Competitive Enterprise Institute to the Wage and Hour Division of the Department of Labor (DOL) regarding…

Law and Litigation

Comment

Comment on notice of proposed rulemaking: Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

  • By: David S. McFadden
  • 11/08/2023

Dear Ms. DeBisschop: I am an attorney with the Competitive Enterprise Institute. I was a senior policy advisor in Department of Labor’s Wage and Hour…

Labor and Employment

Comment

Comment on WHD NPRM on executive, administrative, and professional exemption

  • By: David S. McFadden
  • 11/07/2023

Amy DeBisschop Division of Regulations, Legislation, and Interpretation Wage and Hour Division, U.S. Department of Labor 200 Constitution Ave. NW, Room S–3502, Washington, D.C. 20210…

Labor and Employment

Comment

CEI Comments on FTC-DOJ Merger Guidelines

  • By: Alex Reinauer, David S. McFadden, Jessica Melugin
  • 09/15/2023

September 15, 2023 RE: FTC-DOJ Merger Guidelines Matter No.: P859910 The authors of this submission first want to thank the Federal Trade Commission (FTC) and…

Law and Litigation

Blog

EEOC finds something to do!

  • By: David S. McFadden
  • 07/25/2023

Rep. Ann Wagner (R-MO) introduced a sensible bill in Dec. 2022 providing that before issuing a regulation, the Securities and Exchange Commission must “clearly identify…

Legal Studies

Comment

Procedures for Previously Exempt State and Local Government Employee Complaints of Employment Discrimination under Section 304 of the Government Employee Rights Act of 1991, RIN 3046-AB09

  • By: David S. McFadden
  • 07/19/2023

Submitted via Regulations.gov RE: Procedures for Previously Exempt State and Local Government Employee Complaints of Employment Discrimination under Section 304 of the Government Employee Rights…

Labor and Employment

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