There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts

Blog
The week in regulations: FAA ethics and Postal Service justice
Social Security will go bust in 2033. War with Iran is a real possibility. The Federal Reserve held interest rates steady, as expected. It is…

Blog
Free the Economy podcast: The Reagan legacy in the 21st century with Dan Rothschild
In this week’s episode we cover FreedomFest 2025, the FDA’s war on effective sunblock, good news about critical minerals, and Walmart’s…

Blog
The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…
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Blog
VIDEO: Road Map to Reopening
The U.S. Chamber of Commerce hosted a fascinating video conference this week entitled “Big Picture: Road Map to Reopening,” with the Chamber’s Suzanne Clark and…
Op-Eds
How The White House “Guidance For Regulation Of Artificial Intelligence” Invites Overregulation
Excessive top-down federal funding and governance of scientific and technology research will be increasingly incompatible with a future of lightly regulated science and…
Blog
How to Spot a #NeverNeeded Regulation
Not every regulation on the books is directly harming the COVID-19 response. There are a lot of other regulations that need reform, but the #NeverNeeded…
Inside Sources
Post-Virus Economics – Working Toward a Small Business Recovery
When the stay-at-home orders are lifted, we’ll be in a race to get millions of Americans back to work. Large companies will be in a…
Blog
This Week in Ridiculous Regulations
When Congress convenes next week, it will likely begin work on a Phase 4 stimulus bill. CEI analysts have made the case that addressing #NeverNeeded…
Real Clear Markets
An Effective Pandemic Response Would Be Deregulation
During a pandemic, regulations should not get between sick people and health care, or between hungry people and food. This also applies in normal times.
Blog
How SEC Accounting Regulations Hindered National Stockpile—and Still May Be Doing So
In a new report, CEI experts outline #NeverNeeded regulations that are frustrating responses to the pandemic and its aftermath. Among those is an obscure Securities…
Blog
Deregulation Is an Effective Pandemic Defense
In a new op-ed in RealClearMarkets, Iain Murray and Ryan Young outline the major points of CEI’s just-released #NeverNeeded paper, which identifies regulations harmful to…
Real Clear Markets
How To Make The Phase 4 Coronavirus Response All About Regulatory Reform (Not Just Spending)
When it comes to spending money we don’ t have and calling it rescue, the nation has been there, done that, bought the t-shirt. We…
The Washington Examiner
List: 30 Regulations that Stymied Trump’s Virus Response
The Washington Examiner cites CEI’s latest report on #NeverNeeded regulations: “Many regulations have proven to hinder or delay appropriate policy responses. Other regulations…
News Release
Report: Repeal #NeverNeeded Regulations to Help COVID-19 Response
COVID-19 relief bills have so far focused on keeping businesses and households afloat during the pandemic closures and quarantines, but the federal government should continue…
PJ Media
After $2 Trillion Coronavirus Stimulus, America Must Get Its Fiscal House Back in Order
PJ Media cites CEI on #neverneeded regulations: The federal bureaucracy also needs to be simplified. Businesses may be willing to pay more in…
Study
How Repeal of #NeverNeeded Regulations Can Help Responses to the COVID-19 Crisis
A number of factors are combining to stress the American economy in the spring of 2020—the global and domestic effects of the COVID-19 pandemic, an…
Blog
This Week in Ridiculous Regulations
Quarantine and stay-at-home orders will likely last through the end of April in many places. In more heartening news, governments are rolling back numerous #NeverNeeded…
Inside Sources
Bogus Lawsuits Continue to Haunt American Businesses
Inside Sources cites CEI’s joint coalition letter on the midnight litigation campaign: As the Obama administration began its midnight litigation campaign, a coalition…
Washington Examiner
Prepare for the next pandemic with a commission to kill #NeverNeeded regulations
The coronavirus pandemic needs a long-term policy response.
Blog
The #NeverNeeded Regulatory Reduction Commission
In a new Washington Examiner op ed, CEI Senior Fellow Ryan Young proposes a Regulatory Reduction Commission to act as a permanent watchdog to prevent #NeverNeeded…
Forbes
Phase 4 Coronavirus Infrastructure Spending To Start At $2 Trillion
There’s still a chance for what next juggernauts America’s way to be made more sensible. We can liberalize infrastructure and the regulation of it rather than…
Blog
This Week in Ridiculous Regulations
Coronavirus deaths topped 1,000 in the U.S. last week, while new cases continued to double every few days. Meanwhile, agencies issued new final regulations ranging…
Blog
VIDEO: Reforming Antitrust for Global Competitiveness
The Information Technology and Innovation Foundation recently hosted its latest virtual event, “Reforming Antitrust Policy for an Era of Global Competitiveness.” ITIF President Rob Atkinson…
Blog
Regulation, Not Offshoring, Is Hindering Industry from Ramping up Production
In his latest Bloomberg column, Noah Smith argues that offshoring production led to the current shortage of medical masks and equipment in the face of…
News Release
CEI Experts Blast Attempts to Politicize COVID-19 Relief Bill
While the nation suffers, Washington has descended into an unseemly squabble over the latest COVID-19 relief bill. Politicians from all quarters are attempting to expand…
Blog
This Week in Ridiculous Regulations
Governments are responding to the coronavirus with a getting rid of harmful regulations on restaurants, schools, and stores. Most of these rules were never needed…
Blog
Getting Rid of #NeverNeeded Regulations Hindering Coronavirus Response
What can Washington do to minimize harm from the coronavirus? Some of the best policy responses are coming not from imposing new regulations, but from…
Blog
This Week in Ridiculous Regulations
It was a rough week. Coronavirus infections and deaths continued to climb. Wall Street is officially in a bear market, and Congress and President Trump…
Blog
As Supreme Court Debates CFPB Constitutionality, Agency Accountability Hangs in the Balance
The Supreme Court heard oral arguments last week over the constitutionality of the Consumer Financial Protection Bureau and whether, as currently structured, it is too…
The Washington Times
Applying the Lenten Season to the World of Politics and Government
February 26 marked the beginning of Lent, a penitential time of 40 days in the Christian calendar in which we reflect on our mortality and…
Blog
This Week in Ridiculous Regulations
Coronavirus continued to spread, the Democratic presidential field significantly narrowed, and the former head of the UAW was charged with embezzlement. Meanwhile, agencies issued new…
Blog
A One-Stop Executive Order 13891 Guidance Document Portal
If agencies are required to compile and list all their sub-regulatory guidance documents and post, link and consistently index them on a portal, can we…
Blog
EPA, Interior, and other Federal Agencies Post Guidance Documents on Searchable Websites
On February 28, the EPA and other federal agencies posted all their guidance documents on searchable websites, complying with an OMB deadline to implement Executive…
Blog
This Week in Ridiculous Regulations
The coronavirus outbreak began to infect financial markets as well as people, with stock markets having their worst week since at least 2008. The number…
Blog
This Week in Ridiculous Regulations
During the four-day week, Lawrence Tesler passed away. The underappreciated inventor created the cut, copy, and paste functions on computers. The Hair Club for Men…
Forbes
We’re Not Biased, We’re Liberals: How Cultural Leftism Will Slant Social Media Regulation
As debates over bias, harm, misinformation and election interference on social media unfold, it will be interesting to watch whether or not mainstream media opposes…
Blog
This Week in Ridiculous Regulations
Spring Training began for all 30 Major League Baseball teams, bringing joy across the nation. Meanwhile, agencies issued new final regulations ranging from grains ounce…
Forbes
We’re Not Biased, We’re Liberals: How Cultural Leftism Will Slant Social Media Regulation
“Water? What’s water?” —The fish As debates over bias, harm, misinformation and election interference on social media unfold, it will be interesting to…
Blog
A Partial Inventory of Federal Agency Guidance Documents Before Trump’s Official Compendium Comes Due
Reporting on "regulatory dark matter" is still falling short.
Washington Examiner
Trump: Slashing Regulations Boosted Economy More Than Tax Cuts
Washington Examiner cites senior fellow Clyde Wayne Crews on Trump-era regulations: What’s more, CEI’s Clyde Wayne Crews reported that the administration issued…
Washington Examiner
One Nation, Ungovernable: Trump White House Releases Fiscal Year 2021 Federal Budget
There has not been a federal budget surplus since Bill Clinton was president. Not long ago, President Trump’s New Foundation for American…
Blog
This Week in Ridiculous Regulations
The impeachment trial ended the way everyone expected, the State of the Union address happened, and the coronavirus outbreak intensified. Agencies issued new final regulations…
Blog
This Week in Ridiculous Regulations
The impeachment trial continued, Brexit happened, President Trump signed the USMCA trade agreement, and the 2020 Federal Register topped 5,000 pages. Agencies issued new final…
Blog
This Week in Ridiculous Regulations
The Federal Register had a four-day week due to Martin Luther King Day, but agencies still found time to issue new final regulations ranging from…
Blog
This Week in Ridiculous Regulations
In a busy week, President Trump signed Phase One of a trade agreement with China on Wednesday. On Thursday, the Senate ratified the USMCA trade…
Issues & Insights
Why Trump’s Dishwasher Diatribe Matters
Issues & Insights cites CEI’s dishwasher petition to the DOE: The Competitive Enterprise Institute compiled data on dishwasher cycle times since 1983, using numbers…
Blog
Despite Naysayers, Consumer Finance Panelists are Uniquely Qualified to Tackle Barriers to Financial Inclusion
Last week, the Consumer Financial Protection announced the membership of the newly created Taskforce on Federal Consumer Financial Law, which will work to “harmonize and…
Blog
This Week in Ridiculous Regulations
The new year started off with a literal bang, though as of this writing the worst Iran scenario seems to have been avoided. The Senate…
Blog
This Week in Ridiculous Regulations
Happy New Year, everyone. We’re doing a slightly different format this week, on account of the new year starting mid-week. With just two days’ worth…
Issues & Insights
Trump White House Quietly Releases Overdue Regulatory Cost-Benefit Reports
The long-standing presumption that national top-down regulation of the economy from Washington brings substantial net benefits dominates public policy. But how much timely review of federal…
USA Today
Has Trump Fulfilled His Pledge to Turbocharge Job Growth, Revive Manufacturing? Many Say No
USA Today cites CEI on regulatory reform and the Trump administration: The Trump administration has scrapped dozens of environmental, labor, financial and other…
The Washington Examiner
Unconstitutionality Index: Swamp Imposed 20 Regulations for Every Law over Decade
The Washington Examiner cites Vice President for Policy Clyde Wayne Crews on the “Unconstitutionality Index.” In detailing his “Unconstitutionality Index,” Clyde…
Forbes
Trump’ Year In Regulation, 2019
Today, Tuesday, December 31, 2019, is the last federal workday of the year. This presents an opportunity to review the heft of the Federal Register and its…
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- Antitrust
- Business and Government
- Regulatory Reform

Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government

Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance

Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment