Blog
Takeaways from Biden’s new Spring 2024 Unified Agenda of Federal Regulations
At the end of the July 4th holiday weekend, the Biden administration Office of Management and Budget (OMB) released the Spring 2024 edition of the…
Blog
This week in ridiculous regulations: Coke ovens and stolen firearms
It was a short week in honor of Independence Day. Speculation swirled about President Biden’s political future. Agencies issued new regulations ranging from brominate vegetable…
The Hill
“The FTC Should Throw Out Its ‘Junk Fees’ Rule and Start Over”
Yaël Ossowski from the Consumer Choice Center argues that the FTC’s junk fee rule defies market logic.
Wall Street Journal
“Lina Khan Loses in Court Again—This Time on Non-Competes”
The Wall Street Journal‘s editorial board discusses the preliminary injunction of the noncompete rule.
Blog
Free the Economy podcast: Taxocracy with Scott Hodge
In this week’s episode we cover how the SEC is going to spam investors with a deluge of low-quality disclosures, the Supreme Court’s…
Blog
Could AI regulation hamper the next agricultural revolution?
Artificial intelligence (AI) is poised to revolutionize the agricultural industry, along with other sectors of the economy. Already, AI has reduced…
Blog
Reflecting on independence: More than fireworks and barbecues
As we enjoy barbecues, fireworks, and parades on the Fourth of July, we also reflect upon the deeper significance of our nation’s Independence Day and…
Blog
New Jersey moves to ban gas powered leaf blowers
In the latest example of the environmentalist cause going too far, the New Jersey State Senate has voted to move forward with a bill that…
Blog
California’s Newsom grants exception to state law so restaurants can cope with other state law
California Governor Gavin Newsom signed legislation over the weekend that exempted restaurants in the Golden State from…
Truth on the Market
“After Loper Bright, FTC Awaits Its Turn At-Bat”
Dan Gilman with the International Center for Law & Economics explores what effect the overturning of Chevron may have on the FTC’s noncompete rule.
Wall Street Journal
“FTC Blocks Tempur Sealy, Mattress Firm’s Deal on Competition Concerns
The Wall Street Journal reports on the FTC’s recent challenge to Tempur Sealy’s $4 billion acquisition of Mattress Firm.
Blog
USTR inconsistent in their application of new tariffs
I recently made comments on the United States Trade Representative’s (USTR) latest Section 301 tariffs, specifically those imposed on facemasks and steel and…
News Release
CEI study: Congress should establish limits on regulatory power to ensure agencies are not answering major policy questions
Many of the biggest policy decisions affecting the lives of Americans are made by federal agencies, not Congress. According to a new report from…
Study
Congress, Not Agencies, Should Answer Major Policy Questions
Many of the biggest policy decisions affecting the lives of Americans are made by federal agencies, not Congress. During the Biden administration, this has included…
Letters
CEI joins Advancing American Freedom- Coalition letter on Consolidated Audit Trail
Dear Member of Congress, The Biden Administration is on the verge of completing an almost decade-long project to create a massive government database containing the…
News Release
Supreme Court decision clarifies statute of limitations around regulation
Today, the Supreme Court issued its decision in Corner Post v. Board of Governors of the Federal Reserve System, a case examining statutes of…
News Release
Supreme Court decision on state social media laws portends free speech victories
Today, the Supreme Court issued its decision in Moody v. NetChoice & CCIA and NetChoice & CCIA v. Paxton, two related cases reviewing state…
Blog
CEI opposes SEC’s gag rule
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…
Blog
SCOTUS overrules Chevron Doctrine
The Supreme Court has spoken. “Chevron is overruled.” The 40-year-old Chevron decision had increased the level of judicial deference accorded to federal agencies to interpret…
The Center Square
A big win for representative government
Federal courts will no longer favor bureaucrats over the public, thanks to a June 28 U.S. Supreme Court decision. In a 6-3 opinion in Loper…
Blog
This week in ridiculous regulations: Rear impacts and hot air balloons
The Supreme Court issued its Jarkesy decision and restored the right to a jury trial in regulatory agencies’ in-house courts. President Biden and former…
News Release
Supreme Court Ends Chevron Doctrine that Favored Regulatory Agencies in Court
The U.S. Supreme Court today overruled itself on a longstanding, controversial doctrine that gave regulatory agencies an unfair advantage in court – the so-called “Chevron…
Blog
Can moderators ask debate questions that don’t presume a progressive policy agenda?
Numerous policy issues are shaping this year’s first presidential debate between Joe Biden and Donald Trump, as well as the entire campaign atmosphere. These include…
Blog
Supreme Court protects the right to a jury trial – and the public from lawless agency fines
Today the Supreme Court issued a decision in SEC v. Jarkesy, one of the most significant civil rights cases in decades. This case is about…
Blog
Biden’s pro-labor policies will linger past fall election
The Biden administration is trying to cement a pro-union labor policy into place for the next four years, even if likely Republican candidate Donald Trump…
Real Clear Markets
“Non-Competes: A Uniquely Effective Tool for Protecting IP”
Sean Heather from the U.S. Chamber of Commerce discusses the FTC’s noncompete rule and the potential harm to intellectual property rights.
News Release
Supreme Court curtails SEC administrative law court powers
The U.S. Supreme Court today ruled that a hedge fund manager accused of securities fraud is entitled to a jury trial because the Securities and…
Blog
Free the Economy podcast: Protecting taxpayers with Tim Sandefur
In this week’s episode we cover the problems with the SEC’s new climate rule, the recent Supreme Court decision on income taxes,…
News Release
Report evaluates Colorado’s environmental permitting process
The Competitive Enterprise Institute today released a new report examining environmental permitting in Colorado, the latest in a series of reports on this topic. “Colorado…
Study
Distilling Efficiency
Colorado has made notable efforts to streamline its environmental permitting processes over the past few decades through initiatives like the Colorado Joint Review Process (CJRP),…
Blog
Spam alert! A devastating outlook on the SEC’s final climate disclosure rule
I have a paper out today, exploring the Securities and Exchange Commission’s (SEC) landmark finalized climate disclosure rule and the many challenges it…
Blog
CEI comments opposing destructive anti-merger rules from troubled FDIC
The Federal Deposit Insurance Corporation (FDIC) has been the subject of recent hearings and news reports regarding findings of a toxic workplace atmosphere of…
News Release
Report: SEC Climate Disclosure Rule Spams Investors, Arms Climate Alarmists
The Competitive Enterprise Institute today released a report on the controversial Securities and Exchange Commission climate disclosure rule, examining its legal and economic…
Study
Climate Disclosure Spam
Introduction “Despite cost-saving changes from the proposed rule, the final rule will prove expensive for public companies and their shareholders who will be paying for…
Blog
Congress just passed legislation to greenlight nuclear energy
The Senate just passed the “Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act” (ADVANCE ACT), which was part of the “Fire Grants and Safety…
Blog
Biden-era unfunded and funded mandates alike are co-opting state and local priorities
Policymakers are increasingly aware of the federal red tape burden on small businesses, but they should also recognize its emergent implications for state and…
The Hill
Biden clings to Trump’s trade policy, preventing the US from overtaking China
The U.S. has retreated from global trade leadership. China has taken its place as the foremost player in international trade. As…
Legal Brief
Amicus Curiæ Brief in Powell v. Securities and Exchange Commission
In Powell v. Securities and Exchange Commission, CEI attorneys urged the Ninth Circuit Court of Appeals to reverse the Securities and Exchange Commission’s refusal to…
Blog
More thought goes into a coffee order than tariff rates
Tariffs are the hot new trend in Washington, and neither party can get enough. In the month of May alone, the Biden administration announced new…
Blog
This week in ridiculous regulations: known mailers and medical gases
The Supreme Court issued an unfavorable but narrow decision in the Moore v. United States case about taxing income that was never received. CEI’s…
Letters
CEI Joins Coalition Letter Rejecting Proposals to Manipulate Interchange Fees
Dear Members of the Pennsylvania General Assembly, Americans for Tax Reform, and the undersigned organizations, write to you today to voice our opposition to…
National Review
Baseless Federal Investigations Would Stifle America’s Pioneering AI Industry
The Biden administration is going beyond antitrust enforcement in AI and is instead trying to predict the future of the industry itself. Reports indicate…
Blog
SEC’s Orwellian surveillance system faces its greatest challenge yet
The Eleventh Circuit Court will soon decide whether the Securities and Exchange Commission (SEC) acted arbitrarily and capriciously by proposing the first market-wide surveillance…
Blog
Wi-Fi: A freedom and innovation success story
There’s a been a lot of bad news on the regulatory front lately with the FCC darkening broadband’s success with burdensome regulation. But let’s celebrate…
News Release
Supreme Court Allows the Moores to Be Taxed on Income They Never Received
Earlier today, the Supreme Court announced its decision in Moore v U.S. This case challenged the constitutionality of one part of the 2017 Tax…
DC Journal
Energy Industry Warns of ‘Irreparable Harm’ to Grid From EPA’s New Emissions Rule
DC Journal cited CEI’s experts on EPA’s New Emissions Rule “There’s just no way that the numbers work,” said Paige Lambermont, a research fellow at the…
Blog
Free the Economy podcast: Up from poverty with Josh Bandoch
In this week’s episode we cover pork-barrel spending in Congress, reform of federal guidance documents, restaurants with minimum age requirements, and…
Blog
AEA launches major campaign against the PROVE IT Act
Our friends at the American Energy Alliance (AEA) have launched an important digital campaign against the PROVE IT Act (S.1863).The PROVE IT…
Blog
The Surge: California train regulations, DOE lawsuits, and more
If you are interested in analysis and perspective on current energy and environmental issues, then we encourage you to subscribe to this new publication…
Blog
Even SCOTUS liberal wing skeptical of NLRB moves
The most notable thing about the Supreme Court’s ruling last week against the National Labor Relations Board (NLRB) in Starbucks Corp.
Comment
Request for Comment on Proposed Statement of Policy on Bank Merger
To Whom It May Concern: On behalf of the Competitive Enterprise Institute (CEI), I respectfully submit the following comments in response to the Federal Deposit…
Blog
Everyone agrees we need more spectrum, so why is Congress making it complicated?
Politics prioritized over policy is de rigueur these days, but it shouldn’t be for spectrum auction reauthorization. The importance to the US economy and to…
Blog
This week in ridiculous regulations: amplifiers and subsidized chickens
CEI’s Joel Zinberg released a new study on guidance document reform. The unemployment rate extended to 30 months its streak of being 4…
The Daily Caller
Biden Admin Outsourcing Energy Policies To Unelected Blue State Bureaucrats
The Daily Caller cited CEI on regulation of consumer energy “EPA-granted waivers enable CARB to effectively dictate motor vehicle, trucking, and rail transport policies for…
Fox News
VIDEO: Fox News Cites Dan Greenberg on Appliance Regulations
Fox News cites CEI General Counsel Dan Greenberg on a lawsuit against Biden’s Department of Energy…
Bloomberg Law
“FTC Noncompete Rule Challenge Will Be Decided Without Hearing”
Bloomberg Law reports on the latest in Ryan LLC’s challenge to the FTC’s noncompete rule in federal court.
Real Clear Markets
“Lina Khan Is the True ‘Mob Boss’ She Claims to Be Going After”
Tom Hebert from Americans for Tax Reform discusses concerning comments Chair Khan made about leaders in the private sector.
Timeline: Federal Trade Commission Unhinged
An illustrative timeline produced by the Competitive Enterprise highlighting the most glaring and head-scratching actions taken by the current Federal Trade Commission.
The Square Center
Study would review DEP permits to ‘get government out of the way’
The Center Square cited CEI on DEP permits An analysis from the Competitive Enterprise Institute found that DEP’s regional offices vary dramatically in the time it…
The Hill
“Antitrust Goes Industrial”
Fred Ashton from American Action Forum discusses the FTC’s attempts to reshape the American economy under Chair Lina Khan.
ProMarket
“The Legality of the FTC’s Noncompete Ban Is Less Certain than Masur and Posner Suggest”
Gus Hurwitz with the International Center for Law & Economics responds to an article by Jonathan Masur and Eric Posner on the fate of the…
DC Journal
“U.S. Tech Groups Say FTC’s Khan Misled Congress over Digital Trade Regs”
Taylor Millard from InsideSources reports on new revelations showing the Lina Khan was less than truthful regarding communications with U.S. Trade Representative Katherine Tai.
Forbes
Why Corporate Regulation Cannot Safeguard Against AI Existential Risks
As artificial intelligence continues to advance at an unprecedented pace, concerns about existential risks posed by this transformative technology have received increasing attention. While existential risks…
Fox Business
“Biden admin hit with lawsuit over rules about dishwashers and washing machines”
CEI’s Dan Greenburg was quoted in Fox Business on CEI’s lawsuit against the Biden Administration. On June 13th, CEI filed a lawsuit against the Department…
Blog
Free the Economy podcast: Enlightened capitalism with Siri Terjesen
In this week’s episode we cover regulatory burdens on small businesses, common-sense solutions to poverty, a legal challenge to the TikTok…
Blog
Three years of Chair Lina Khan’s unhinged FTC
Lina Khan’s appointment to the Federal Trade Commission (FTC) was meant to bring about significant change and a new direction for the independent agency. Before…
News Release
CEI attorneys sue Department of Energy for illegally regulating water limits in home appliances
Attorneys from the Competitive Enterprise Institute (CEI) sued the Department of Energy today on behalf of consumers, arguing that several recent DOE rules…
Blog
Fed hold interest rates steady, balance sheet concerns remain
The Federal Reserve decided to hold interest rates steady at its June 11-12 meeting. This is good news, but the bigger story isn’t about…
Wall Street Journal
“The FTC Brings Back the 1930s”
The Wall Street Journal‘s editorial board highlights the problems with reviving the 1936 Robinson-Patman Act.
National Review
Congress Must Restore the Power of the Purse It Gave Away
One of the most recent decisions made by the U.S. Supreme Court is also one of the most disastrous for democratic self-government. The Court’s ruling in …
News Release
May inflation decreases slightly, signals a slowing economy: CEI analysis
The inflation report released for May shows overall inflation decreased from 3.4 percent to 3.3 percent. While inflation levels are unlikely to hit historic…
Blog
Technological limitations of California’s in-use locomotive rule
Like our cardiovascular system, freight trains work like arteries running 24/7 transporting bulk commodities and goods. This includes transporting everything from cardboard boxes for…
Blog
Congress should heed GAO’s new regulatory reform recommendations
The Government Accountability Office (GAO) released a December 2023 report titled “Options for Enhancing Congressional Oversight of Rulemaking and Establishing an Office of Legal…
National Review
Think-Tank President Kent Lassman Swam the English Channel
National Review Cited CEO Kent Lassman for swimming the English Channel Our friend Kent Lassman, president of the Competitive Enterprise Institute, swam…
News Release
Report: Federal Regulatory Agencies Abuse Power with Guidance Documents
A new report by Competitive Enterprise Institute and Paragon Health Institute scholar Dr. Joel Zinberg, Restoring Good Guidance Practices: How to restrain the administrative…
News Release
Report Explores Environmental Permitting Reform in Virginia
Today the Competitive Enterprise Institute released a report on environmental permitting in the state of Virginia, part of a series examining how states are…
Study
Transparency on Tap
The Commonwealth of Virginia has been implementing a Virginia Permit Transparency (VPT) initiative over the last several years, which includes an online permitting portal designed…
Study
Restoring Good Guidance Practices
Executive summary Federal agency guidance documents form a large and expanding part of the administrative state’s regulatory universe. These informal documents including memoranda, bulletins, and…
Blog
Yes, make tipping tax-free
Republican candidate Donald Trump’s proposal to make tips tax-free is a good idea, and not just because it will be a…
Blog
The Surge: EPA’s new power plant rule, the PROVE IT Act, and more
If you are interested in analysis and perspective on current energy and environmental issues, then we encourage you to subscribe to this new publication…
The Washington Times
More than 75% of hotels report nagging labor shortages despite wage hikes
The Washington Times cited CEI’s experts on wage hikes The problem is that immigrants have better job options in a “historically tight” labor market, said…
NOTUS
Hundreds of Lawyers Are Gathering in Washington to Plot a Way to Save Biden’s Climate Agenda
NOTUS cited CEI’ Daren Bakst on Biden’s climate agenda Conservative groups are already eying the Biden administration’s latest regulations, arguing that its focus on climate…
Blog
David Boaz, 1953-2024
It usually begins with Ayn Rand. In my case, it began with David Boaz. David, the Cato Institute’s longtime executive vice president, passed away…
Blog
A brief look at the Senate’s proposed AI regulations
As new artificial intelligence (AI) models release and their capabilities grow, fears around artificial intelligence have begun to crop up as people wonder what AI…
The Washington Times
Biden is coming after your light bulbs — again
The Washington Times cited CEI’s experts on energy regulation “That’s the problem with these agencies. They make their living cranking out more and more regulations.
Blog
This week in ridiculous regulations: Texas pimplebacks and pension funds
The 60-legislative-day Congressional Review Act deadline has likely passed, unless Congress keeps an unusually busy election year schedule. As a result, rulemaking has slowed to…
Blog
Free the Economy podcast: Economic facts and vibes with Joey Politano
In this week’s episode we cover advances in dentistry, the slow pace of EV charger deployment, a victory for free speech at…
Blog
The inherent contradictions of unionized political campaigns
President Joe Biden is the first candidate expected to win their party’s presidential nomination with a unionized staff. Whether this is…
News Release
May jobs rebound, skilled workers still needed: CEI analysis
The job situation for May 2024 indicates employment numbers are rebounding with 272,000 jobs added, though employers are still struggling to find the right…
Wall Street Journal
“FTC Opens Antitrust Probe of Microsoft AI Deal”
The Wall Street Journal reports on the FTC’s investigation into Microsoft’s investments in OpenAI and Inflection.
National Review
“Lina Khan’s Amazon Flip-Flop”
Tom Hebert from Americans for Tax Reform discusses Lina Khan’s inconsistent view of Amazon’s prices.
Antitrust Education Project
“Federal Judge in North Carolina Prevents FTC from Killing Two Hospitals”
The Antitrust Education Project details the FTC’s loss in its attempt to block non-profit hospital Novant Health’s acquisitions.
Politico
“FTC Preparing Lawsuit over Alcohol Pricing”
Politico reports on an anticipated lawsuit by the FTC against an American alcohol distributer under the Robinson-Patman Act.
Truth on the Market
“All Roads Lead to Dallas: FTC Non-Compete Rule Set to Fact Its First Legal Test in the Northern District of Texas”
Amir Tayrani from the law firm of Gibson Dunn previews the case challenging the FTC’s noncompete rule.
News Release
AI antitrust investigations go against U.S. innovation: CEI analysis
The Federal Trade Commission (FTC) and Department of Justice (DOJ) announced new antitrust investigations into investments in Artificial Intelligence (AI) made by Microsoft, OpenAI, and…
Blog
The end of the ‘economically significant’ rule
Friends and allies in the liberty movement still often refer to high-cost regulations from the Biden administration as “economically significant” rules. What…
Blog
Regulations hit small businesses and low-income households hardest
There are about 33.3 million small businesses in the United States, comprising 99.9 percent of all American businesses. About half of all employees work for…
News Release
Court Rules Against Improper SEC Regulation of Private Equity, Hedge Fund Managers
The 5th U.S. Circuit Court of Appeals today ruled 3-0 against a controversial Securities and Exchange Commission 2023 rule regulating private equity and hedge fund…
Forbes
California’s SB 1047 Won’t Address Existential Risks From AI
Over the last year, the rapid advancement of artificial intelligence has captivated the world’s attention, sparking both excitement and concern. As AI systems like OpenAI’s…
Study
Champagne Regulations on a Beer Budget
Regulation is often regarded as akin to a tax, albeit one that takes place off of the government’s books. Similar to a value-added tax, it…