David S. McFadden is an attorney at the Competitive Enterprise Institute. He served at the U.S. Department of Labor in the administrations of President George W. Bush and President Donald J. Trump. He was an attorney-advisor at the District of Columbia Public Employee Relations Board, a public employer labor relations specialist at the Freedom Foundation, and the senior associate in the law firm of Gelpi and Associates in New Orleans. He is admitted to the bars of Ohio, Louisiana, and the District of Columbia. He has his bachelor’s degree from the University of Chicago, a J.D. from the University of Akron, and an LL.M. from Tulane University.
Authored by David S. McFadden
News
Biden Labor Department withdraws controversial apprenticeship rule opposed by CEI
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.
Court ruling against regulator power in environmental assessments wins praise from CEI
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…
Blog
CEI celebrates agency giving up power
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…
Cracks in the regulatory freezeout
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…
Department of Education bails out of student loan bailout
For the second time in the past month, the Biden administration withdrew a proposed rule that CEI had opposed. The Department of Education has…
Op-Eds/Articles
American Institute For Economic Research
The Supreme Court Reshuffles the Regulatory Deck
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…
Regulatory Comments
CEI comments on proposed regulation of the Virginia Department of Labor and Industry
Re: Proposed regulation of the Department of Labor and Industry, “Local Government Union Requirements and Employee Protections” Dear Ms. Bernhardt: I appreciate the opportunity to…
CEI’s Comments to the Department of Transportation on Ensuring Lawful Regulation
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…
CEI’s comment on NEPA removal regulations
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:…