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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Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
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The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
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Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
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This Week in Ridiculous Regulations
A humorous diplomatic row over Greenland was not the only news of the week, with China tariffs, divisive rhetoric, and recession fears also putting in…
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Cataloging Regulatory Costs of Cronyism and Rent-Seeking in a Self-Interested Administrative State
Rent-seeking as a policy concern has been done to death: It’s been described over and over how regulation is often not about elevating the public…
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This Week in Ridiculous Regulations
Last week was the Federal Register’s busiest of the year, with its 3,075 pages almost tripling a normal week’s count. A new economically significant regulation…
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This Week in Ridiculous Regulations
Rumblings of a “Navarro recession” are growing louder, and the 2019 Federal Register will likely crack the 40,000-page mark early this week. Rulemaking agencies published…
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VIDEO: Where the Regulatory State Came From
Our friends at the Pacific Legal Foundation have a funny and insightful explainer video on the historical development of the regulatory state (also known as…
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Limits of ‘Soft Law’ Approach to Tech Regulation
Can the regulation of new technology be voluntary and non-coercive? In a recent op-ed for The Hill, Mercatus Center law and technology analyst Jennifer Huddleston…
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