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.
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The year the red tape died? Trump’s 2025 rule count hits historic lows
At the halfway point of 2025, the federal regulatory machinery is running at an unprecedented crawl. That’s good news. As tracked annually in my…

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Trump executive order establishing a portal for regulatory dark matter
Even at the insistence of Congress in 2018, 46 federal agencies could only uncover only about 13,000 of their guidance documents and policy statements…

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The week in regulations: Nuclear fees and unintentional otter injuries
The possible war with Iran did not escalate. The reconciliation bill debate continued, as did presidential pressure on the Federal Reserve to lower rates. U.S.
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Charting a glide path to overturn Biden regulations in the 119th Congress
As the 119th Congress and incoming Trump administration prepare to govern, one key weapon in their arsenal will be the Congressional Review Act (CRA) of…
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This week in ridiculous regulations: Marine ingredients and tips
The reconciliation bill process was more chaotic than usual. There were more than 100 new regulations this week, and more than 800 agency notices. The…
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Free the Economy podcast: Mortgage market analysis with Mark Calabria
In this week’s episode we cover weaponization of financial regulation, the Kroger-Albertsons merger, and a spirited defense of ultra-processed foods. Our…
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Biden’s Fall 2024 Unified Agenda of regulations: The numbers, trends, and what’s next
The Biden administration’s Office of Management and Budget (OMB) dropped the Fall 2024 Unified Agenda of Federal Regulatory and Deregulatory Actions this past weekend.
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This week in ridiculous regulations: Natural grass marketing and arms trafficker registration fees
The 2024 Federal Register surpassed 100,000 pages for the first time ever, and the number of new regulations on the year passed 3,000. Agencies issued new regulations ranging…
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Free the Economy podcast: Tax and budget showdown 2025 with Erica York
In this week’s episode we cover new climate disclosure rules for public companies, the case against price controls on credit card networks,…
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