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Climategate 2.0: EPA’s New Social Cost of Greenhouse Gases Report
When the Environmental Protection Agency (EPA) last week proposed to adopt more aggressive methane emission standards for the oil and gas sector, it also…
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Gensler Fiddled with ESG and Power Grabs while FTX Burned
When asked on CNBC about the implosion of crypto exchange FTX, Securities and Exchange Commission (SEC) Chairman Gary Gensler turned the focus away from the…
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Regulation Population Update: Checking in on Code of Federal Regulations Statistics
In a recent post we noted that, while the online Federal Register database depicts 3,257 final rules for 2021, the 73,000-page Federal Register’s count actually…
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The Unfairness of the FTC’s Policy Statement Regarding the Scope of Unfair Methods of Competition
The latest in a stream of regulatory dark matter is the Federal Trade Commission’s (FTC) November 10, 2022 “Policy Statement Regarding the Scope…
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This Week in Ridiculous Regulations
The midterm elections happened, and most of us (sorry, Georgia) are finally free of misleading, scaremongering political ads. Inflation slowed down slightly. Meanwhile,…
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Not Your Grandfather’s Bank Branch
What should financial services do? And how should they look like going forward as they try to serve more people? Some presenters are the recent…
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Who’s Not Buying Electric Vehicles? Single Vehicle Households, for One
Proponents of electric vehicles (EVs) have little to say about the one-third of American households that own only a single car or truck. That isn’t…
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October Inflation Slightly Improves: Time for Less Politics and More Policy
Thank goodness the election is over. One of the frustrating parts of midterm season was that many people were more interested in how inflation would…
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Why Cops Should Be Chasing the Bad Guys, Not the Big Bucks
A recent episode of Archer featured a dialogue between two FBI agents, both riding on jet skis, chasing a wrongdoer’s boat. Agent…
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We Need to Pay More Attention to AI
Artificial intelligence (AI) is one of the most important emerging technologies today. It has the potential to revolutionize many industries and sectors, including health care,…
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This Week in Ridiculous Regulations
The Federal Reserve raised the federal funds rate again, though it remains less than the rate of inflation. Employment increased by 261,000 in…
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Federal Reserve Raises Interest Rate; Uncertainty Strengthens Case for a Policy Rule
As expected, the Federal Reserve raised the federal funds rate by 0.75 percentage points coming out of this week’s Federal Open Market Committee (FOMC)…
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A Dose of Reality Over “Zero-Emissions” Electric Vehicles
Far too many journalists sound like cheerleaders when the topic is electric vehicles (EVs). That’s why RealClear Investigations’ Zero Emissions From Electric Vehicles? Here’s…
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Retro Review: Jared Diamond—Guns, Germs, and Steel: The Fates of Human Societies (Norton, 1997)
In 1972, Jared Diamond was researching bird evolution in New Guinea. While walking along a beach, he had an hour-long conversation with a local politician…
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Rules and Regulations Increase 45 Percent during Biden Administration
You’ve heard plenty from this quarter on broken disclosure and transparency in the Biden administration, which eliminated the “Deregulatory” designation for rules implanted…
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This Week in Ridiculous Regulations
Happy Halloween! CEI released the latest edition of Wayne Crews’s Ten Thousand Commandments report, which gives a big-picture overview of the federal regulatory state.
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NLRB Seeks to Gag Amazon Management
The National Labor Relations Board (NLRB) recently alleged that Amazon chief executive office Andy Jassy violated federal labor laws by publicly saying that he…
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Meta’s Drop in Stock Price Unlikely to Dissuade Antitrust Inquiries, but It Should.
“We don’t even know what it is yet.” That’s how the theatrical depiction of Mark Zuckerberg described “The Facebook” to his then co-founder Eduardo…
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Reining in Biden CFPB’s “Junk” Policies with Fifth Circuit Ruling
When the federal Fifth Circuit Court Appeals ruled last week, in Community Financial Services v. Consumer Financial Protection Bureau, that the funding structure of…
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Mandatory Union Fees are Junk Fees
The White House yesterday called up federal agencies to target “junk fees” charged to consumers, arguing that these hidden costs are exploitative and drag…
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New Whole-of-Government Initiative on Junk Fees Comes with Unintended Consequences
Today the Biden administration announced a new whole-of-government initiative on junk fees from airlines and other industries. The news comes on the same day…
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Talking Points on Biden’s “Whole-of-Government” Regulatory Escalations
Among much else, the 2022 edition of Ten Thousand Commandments presents a $2 trillion undercount of regulatory costs and showcases the march of rulemaking…
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Ten Thousand Commandments 2022 Released
The 2022 edition of Wayne Crews’s Ten Thousand Commandments report is out now. Now in its 28th year, it has its usual panoply of…
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Workers Should Be Able to Hear from Both Sides Before Union Votes
Workers at an Amazon fulfillment center in Albany, New York, opposed forming a union by a nearly two-to-one margin last week. It was the…
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This Week in Ridiculous Regulations
Just two more weeks until the relentless barrage of misleading election ads goes away. The Energy Information Administration warned that heating bills could get…
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Policy and Politics Are Different Things
What is more important this election: The culture wars or policy issues like inflation? In an op-ed as part of a point-counterpoint series from…
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Not a Policy Paper, Just a Thought: Anti-Merger Mania
What is the correct number of corporate mergers that should be allowed? The Federal Trade Commission (FTC) thinks it knows the answer: less. It has…
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Seizing the Ecomodernist Moment
I recently had the good fortune to attend Ecomodernism 2022, a conference hosted in northern Virginia by the Breakthrough Institute. The theme was “Deregulating…
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One Year on, FDA Sodium Guidance Still Wanting
It is the one year anniversary of the Food and Drug Administration’s (FDA) Guidance for Industry setting out goals to reduce sodium content in…
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Jason Feifer on Managing Change in Life and Society
I recently wrote a review of Build for Tomorrow, the new book from Entrepreneur magazine editor-in-chief Jason Feifer. The book is a…
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This Week in Ridiculous Regulations
Inflation took a turn for the worse and the January 6 Committee voted to subpoena former President Trump over his role in the…
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A Tough Winter Ahead for Heating Bills, According to the U.S. Energy Information Administration
High gasoline prices will soon have an equally unpleasant partner in the form of high energy bills this winter, according to the U.S. Energy Information…
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CPI Rises 0.4 Percent in September, 8.2 Percent over Past Year
September’s Consumer Price Index (CPI) inflation numbers came out this morning, and they aren’t pretty. The month-to-month increase was 0.4 percent, after rising just…
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Unmeasured Costs of Regulation are Accelerating under Biden
During a recent Senate hearing on the nomination to head the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA)—the…
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Excerpts from Austin Keynote: How CBDCs Could Be the New Operation Choke Point
This week, I attended the exciting INFiN MoneyTrends conference in Austin, where I gave the Regulatory Keynote address on Monday. The conference is a…
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This Week in Ridiculous Regulations
Aaron Judge finished the baseball season with 62 home runs, setting a new American League season record. President Biden pardoned the sentences of all…
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“Abracadabra”: European Union Regulators Make Innovation Disappear
Members of the European Parliament are eagerly awaiting their Hogwarts acceptance letters to attend the famous school of wizardry. In their view, they have…
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Questions the 118th Congress Should Ask OMB’s Office of Information and Regulatory Affairs
The Senate Homeland Security and Government Affairs Committee recently held a hearing on the nomination of Richard L. Revesz to be Administrator of the…
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Illinois Ballot Measure to Allow Unions To “Keep Our Foot on the Gas”
Here’s a riddle: Why would unions in Illinois promote a ballot measure to establish a right to collective bargaining when that state is…
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A One-Pager on an “Abuse-of-Crisis Prevention Act”
In recent months CEI has presented the case for a “Abuse of Crisis Prevention Act” to counter and prevent the political predation that continues to…
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Tackling Unmeasured Government Growth Must be Prioritized in the 118th Congress
Fred L. Smith Jr., the founder of the Competitive Enterprise Institute, refers to the regulatory state as the least disciplined part of the federal enterprise.
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CEI Leads Coalition Comment Critical of DOE’s Proposed Furnace Regulation
Several recent Department of Energy (DOE) efficiency standards for appliances have been a bad deal for consumers, but the latest proposed standard for residential natural…
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Gonzales v. Google: How I Learned to Stop Worrying and Love Algorithms
Today the Supreme Court agreed to hear Gonzales v. Google, LLC, a case that evaluates how broadly the liability protection is for platforms in…
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Senate Bill Challenges China’s Status as a Developing Nation in New Treaty
Most United Nations environmental treaties are a bad deal for the United States, and some are made even worse because they give China a competitive…
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This Week in Ridiculous Regulations
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Troubling Inflation News: Core PCE Increases 0.6 Percent
The Federal Reserve’s preferred inflation indicator, Personal Consumption Expenditures (PCE), was updated this morning with August’s numbers. PCE measures inflation more accurately than the…
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Are Nord Stream Methane Leaks “Catastrophic for Climate”?
Despite acknowledging that the Nord Stream pipelines were likely bombed by saboteurs, the Associated Press yesterday focused on the ruptures as a climate threat…
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The Problems with the White House Competition Council
Sometimes seemingly little things slip under the radar that have big implications. One of those this week was the third meeting of President Biden’s…
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SEC Gives Crowdfunders Inflation Relief, Must Do More
The Securities and Exchange Commission (SEC) adjusted for inflation some limits for companies (issuers) raising capital through Regulation Crowdfunding (Reg CF). The adjustment raises the…
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The Jones Act vs. Puerto Rico, Again
Puerto Rico is almost entirely without power after Hurricane Fiona. Right now, there is a ship just offshore, ready to help. It has…
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The Manchin Bill Will Not Reform Permitting Process
The Manchin-Schumer permitting bill, which has been attached to the Continuing Resolution funding the federal government beyond September 30, contains many promising-sounding reforms that…
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Government May Not Avoid Just Compensation in Debt Seizures
Some state governments have been acting as if the Fifth Amendment’s requirement of just compensation doesn’t apply in the course of collection of government debts.
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This Week in Ridiculous Regulations
The Federal Reserve raised the federal funds rate by 75 basis points, with more increases likely to come. Meanwhile, agencies issued new regulations ranging…
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Senate Ratifies Anti-Consumer Kigali Amendment–but with A Silver Lining Regarding China
Last Wednesday, the Senate ratified the Kigali Amendment, a United Nations treaty restricting supplies of hydrofluorocarbons (HFCs), a widely used class of refrigerants now targeted…
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Fed Raises Federal Funds Rate
As expected, the Federal Reserve raised the federal funds rate by 75 basis points as part of its inflation-fighting efforts. Its target range will…
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FTC To Use Algorithms in Bid to Hobble Gig Economy
The Federal Trade Commission (FTC) has announced that it will use its “full authority” to investigate “unfair, deceptive, and anticompetitive practices” by so-called gig…
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The Founding Fathers and Free Trade
There is an ongoing small cottage industry of historical revisionism aimed at showing that America since its founding was friendly to protectionism and that this…
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America Needs an Emergency Declaration to End All Emergency Declarations
Last night President Biden declared on 60 Minutes hat “The pandemic is over.” “If you notice, no one’s wearing masks, everybody seems to…
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This Week in Ridiculous Regulations
CEI hosted its annual Julian Simon dinner on Thursday. The Consumer Price Index gave a mixed picture of inflation. A railroad strike was…
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FTC Goes Back to Bad ‘70s Policies in Motor Vehicle Dealer Rule
Last night at CEI’s annual Julian L. Simon Memorial Award Dinner, CEI celebrated the 1970s—both the fashions and the deregulation toward the end of the…
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FTC Hearing on Vaping Case Shows Antitrust at its Worst
Earlier this week, the Federal Trade Commission (FTC) held a public hearing about a seemingly resolved antitrust case about the vaping market. In 2018,…
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No, We Don’t Need Federal Licenses for Big Tech
In the wake of congressional testimony by former Twitter security chief Peiter Zatko, Sen. Lindsey Graham (R-SC) has suggested that he will partner with…
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Virtual Reality and the Relevant Market Fallacy
The relevant market fallacy is one of the most common analytical mistakes in antitrust policy. One of the first legal questions in an antitrust…
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Inflation Reduction Act and West Virginia v. EPA: Legislative History Refutes Sen. Carper’s Spin
“And whatever interpretive force one attaches to legislative history, the Court normally gives little weight to statements, such as those of the individual legislators, made after the…
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Many Federal Agency Rules and Guidance Documents are Still Not Properly Reported to Congress and the GAO
A 2014 white paper prepared for the Administrative Conference of the United States (ACUS), “Congressional Review Act: Many Recent Final Rules Were Not Submitted…
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The European Union’s Crypto Protectionism Threatens Financial Freedom
Stablecoins, digital assets pegged to a financial asset like the U.S. dollar, are becoming increasingly popular around the globe. Some people use them as…
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Could Heating Costs Set Records This Winter?
Gasoline prices reached their peak at over $5 per gallon last June before declining to the current $3.70, but the worst may be yet…
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Why Railway Unions Oppose the Deal Biden Helped Arrange
The Chamber of Commerce today urged Congress to step in and impose a settlement should talks between the rail industry and the its…
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CEI Leads Coalition Opposing Increased Government Interference in Rail Operations
CEI and 21 other organizations and individuals have signed a letter opposing the misleadingly named Freight Rail Shipping Fair Market Act, which would…
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Mixed News on CPI: Headline Rate Improves, Core Rate Accelerates
The Consumer Price Index (CPI) for August is out. It increased 8.3 percent over the last year, down from 8.5 percent in July. The…
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This Week in Ridiculous Regulations
Queen Elizabeth II passed away at age 96. Meanwhile, in a four-day week, agencies issued new regulations ranging from St. Louis bridges to Atlantic krill…
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Fed Chairman Powell’s Remarks at Cato Monetary Conference
Every year, our friends at the Cato Institute hold a monetary policy conference. This year’s conference opened with Cato President Peter Goettler interviewing Federal…
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Paternalistic FTC Rule Would Stifle Consumer Choice in Auto Market
As if American drivers didn’t face enough headwinds with high gas prices, supply chain constraints, and state rules that may force them out of…
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Pondering the Paradox of the Paltry Proliferation of Prominent Proposed Rules in the Federal Register
Spending is up, the debt is up, and Republicans keep helping raise the debt ceiling. Armageddon does not result, we have learned. On the…
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NLRB Proposes Third Rewrite of Joint Employer Rule in Four Years
As expected, the National Labor Relations Board (NLRB) has proposed a new version of the “joint employer” rule, which establishes when a…
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The Inflation Reduction Act’s Implications for West Virginia v. EPA: A Response to Professor Dan Farber
An environmental reporter last week asked for CEI’s thoughts on University of California, Berkley law professor Dan Farber’s article on the Inflation Reduction…
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CEI Leads Coalition Letter Against EPA Interference with Alaska’s Pebble Mine
Mining is one of the relatively few environmentally related issues where federal agencies other than the Environmental Protection Agency (EPA) have been given the lead—or…
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Threats to Democracy Posed by an Unleashed Administrative State
President Joe Biden’s much-covered Independence Hall remarks last week have drawn their share of praise, condemnation, and memes. Prominent was Biden’s easy deployment of…
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This Week in Ridiculous Regulations
The labor market continues to look strong, and the Federal Trade Commission lost its attempt to keep an early cancer-detection test off the…
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Starbucks Alleges an NLRB Whistleblower Reveals Election Shenanigans
A challenge by Starbucks to a recent union election overseen by the National Labor Relations Board (NLRB) includes a remarkable claim by the company: There…
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Dispelling Misleading Claims about the Inflation Reduction Act and West Virginia v. EPA
In adversarial proceedings, it is seldom prudent to rely on your opponents’ assessment of the outcome. Alas, some conservatives seem inclined to believe Democrats’ self-serving…
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This Week in Ridiculous Regulations
President Biden announced partial student loan forgiveness for people earning up to $125,000. The number of new final regulations this year topped 2,000. Meanwhile, agencies…
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The Fed’s Preferred Inflation Measure Improves, Mixed Picture on Consumer Spending
Two new economic indicators published Friday morning give reason for cautious optimism. The Consumer Price Index (CPI) is the inflation measure that gets the…
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Student Loan Forgiveness Is Regressive, Will Increase Tuition
When the Inflation Reduction Act passed, I pointed out that its $300 billion in tax increases and spending cuts would not begin to phase…
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SEC Small Business Committee Throws Down the Gauntlet on State Trading Preemption
The Securities and Exchange Commission’s (SEC) Small Business Capital Formation Advisory Committee (SBCFAC) has thrown down the gauntlet. As the SEC’s website explains, the…
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New York Right to Repair Bill Is a Bad Idea
Do consumers have the right to repair their smartphones, tablets, and laptops? The short answer is yes. While copyright law may have some room for…
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This Week in Ridiculous Regulations
The 2022 Federal Register surpassed 50,000 pages last week. Meanwhile, agencies issued new regulations ranging from hearing aids to vessel repair duties. On to the…
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CDC Restructuring Shows that Institutions Matter
One of my policy mantras is that institutions matter. That’s why the Centers for Disease Control and Prevention’s (CDC) restructuring announcement is big…
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Prominent Short Sellers Target ESG-themed Firms
For a long while, my CEI colleagues and I have touted the vital role that short sellers play in a free market economy. CEI Founder…
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SEC Attempts to Regulate Indefinable “ESG” Topics
Today is the filing deadline for public comments on a new Securities and Exchange Commission (SEC) proposed rule titled “Investment Company Names.” This proposal…
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Megaportals for Guidance Documents: Toward Emergency 2025 Legislation to Correct Biden’s “Whole-of-Government” Incursions
In preparing an August 2022 update on executive branch sub-regulatory guidance documents and memoranda (the observable tally is 107,000 but vastly more exist), a…
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This Week in Ridiculous Regulations
The FBI raided former President Trump’s Mar-a-Lago residence in Florida. Meanwhile, agencies issued new regulations ranging from street markings to salmonella prevention. On to the…
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Progressives Need Democracy, Not Technocracy
As Democrats debate the merits over legislative versus administrative action on topics ranging from climate change to gun control, they face a fundamental decision: technocracy…
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How the Inflation Reduction Act Favors Unions over Taxpayers
The word “prevailing” appears 27 times in the text of the misleadingly named Inflation Reduction Act, which was passed by Congress Sunday and…
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CPI Gives Reason for Cautious Optimism on Inflation
Inflation may finally be coming down. July’s month-to-month Consumer Price Index (CPI) increase dropped to zero last month, down from 1.3 percent in June. The…
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Federal Agency Guidance Document Inventory Tops 107,000 Entries
Federal statutes appear in the U.S. Code. Regulations, pass through the Federal Register, and come to rest in the Code of Federal Regulations. But no…
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CEI Submits Comment Opposing EPA Proposed Rule Allowing States to Use Clean Water Act as a Climate Policy Tool
Today, the Competitive Enterprise Institute submitted a comment to the Environmental Protection Agency (EPA) on its proposed regulatory changes to Section 401 of the…
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How the Inflation Reduction Act Will Expand Regulation
Ever since observers began tallying rule counts and pages in the Federal Register, detractors have complained about what poor measures such devices are. They might…
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This Week in Ridiculous Regulations
The Inflation Reduction Act, which would not reduce inflation, is now expected to pass after Sen. Kyrsten Sinema agreed to sign on. Meanwhile, agencies issued…
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Why Carried Interest Tax Hike Deserves to Die in IRA and Otherwise
The Inflation Reduction Act (referred to by critics such as Phil Kerpen as the Income Reduction Act) will likely be voted on in the…