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…
Search Posts
Blog
This Week in Ridiculous Regulations
In a remarkable human achievement, scientists took the first-ever image of a black hole. The effort took eight telescopes on five continents, five petabytes of…
News Release
OMB Guidance on Major Rules & Regulatory Dark Matter is a Real Step Toward Stopping Regulatory Abuses
The Office of Management and Budget (OMB) yesterday released new guidance re-asserting the requirement that agencies submit major notice-and-comment rules and certain major sub-regulatory guidance…
Blog
This Week in Ridiculous Regulations
The news cycle was more sizzle than steak last week. President Trump threatened to shut down the southern border and backed off almost immediately, so…
Blog
This Week in Ridiculous Regulations
Pundits spent the week engaging in mortal combat over the Mueller Report, which none of them have read, and spring officially sprung with baseball’s opening…
Blog
This Week in Ridiculous Regulations
As tempers flared over how many “chuggas” to say before “choo-choo,” the 2019 Federal Register topped the 10,000-page mark last week and the number of…
Blog
Regulation and Neglected Costs of Authoritarianism and Over-Criminalization
Corrupt government and authoritarianism have been the historical rule rather than the exception. The U.S. Constitution’s elevation of individual rights and restraints on governmental power…
Blog
This Week in Ridiculous Regulations
President Trump has declared passing the new NAFTA/USMCA as his top legislative priority, but congressional ratification will not be automatic. Mexico and Canada are also…
Blog
Regulatory Costs of Delegating Lawmaking Power to Executive and Unelected Administrators
The administrative state, blessed by Congress, has dispensed with the Founders’ system of legislation fashioned solely by an elected body. Regulatory reforms call for holding…
Blog
This Week in Ridiculous Regulations
Last week was low-drama by recent standards, but still had some important developments. The U.S. trade deficit set a record for the second year in…
Forbes
Warning Signs: How Trump’s Ascendant Regulatory Impulses Could Swamp His Deregulatory Program
President Donald Trump has pruned rules and costs and held down regulatory output with more enthusiasm than other presidents. But on the flipside of Trump’s controversial regulatory savings, Trump sports regulatory…
Blog
The Regulatory Costs of Abandoned Federalism
The deterioration of the principle of separation of powers is a signature feature of the powerful federal Administrative State. This corrosion is accompanied by a…
The Hill
Congressional Review Act Rises Again!
The Hill cited Vice President for Policy and a Senior Fellow Wayne Crews on regulatory dark matter. This problem increases considerably when you…
The Cato Institute
Bloomberg Unwittingly Vindicates Stigler
The Cato Institute cited Vice President for Policy and a Senior Fellow Wayne Crews on the Trump administration and regulatory reform. Thankfully, we…
Blog
This Week in Ridiculous Regulations
The Michael Cohen hearing shenanigans gobbled up the headlines, but actual substantive news happened regarding talks with China and North Korea—in particular, a planned tariff…
The Daily Signal
VIDEO: Hope for an Overregulated Nation
Senior Fellow Wayne Crews joined “The Bill Walton Show” on the Daily Signal to explain how to return the U.S. to the path of greater…
Blog
Costs of Regulatory Takings and Property Value Destruction
Takings issues noted here are just the beginning of government neglect of the institution of private property, notable especially in emergent sectors. But the disdain…
Blog
This Week in Ridiculous Regulations
The federal government was on a four-day work week in honor of George Washington’s birthday, but agencies still found time to issue regulations ranging from…
Blog
VIDEO: You’ve Come a Long Way, Regulatory Reform
Our friends at the American Enterprise Institute are doing a great job leveraging their many decades of experience in Washington, D.C. They've been raiding their…
Blog
Regulatory Costs and the Loss of Liberty
From classical liberal and individual rights perspectives, the administrative state is an affront to liberty almost by definition.
Blog
This Week in Ridiculous Regulations
Congress and President Trump passed a spending bill to avoid another shutdown, but President Trump’s national emergency declaration over a non-emergency provides a troubling precedent…
Blog
Unmeasured Meta-Costs of the Administrative State
In my recent Forbes column “Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State,” I discuss some of the…
News Release
CEI Report Calls for Elimination of EPA’s Flawed Integrated Risk Information System
A new report released today by the Competitive Enterprise Institute (CEI) shows EPA’s Integrated Risk Information System (IRIS) has significant problems with methodology, relies on…
Study
EPA’s Flawed IRIS Program Is Far from Gold Standard
Environmental activists claim that the U.S. Environmental Protection Agency’s Integrated Risk Information System (IRIS) represents the gold standard for risk assessment.[i] In…
Blog
This Week in Ridiculous Regulations
The delayed State of the Union speech happened on Tuesday, but contained no surprises on the policy front. The length of the Federal Register doubled…
News Release
CFPB Starts Rollback of Flawed Payday Loan Rule
Today the Consumer Financial Protection Bureau announced plans to roll back its controversial Obama-era rule against payday lending. CEI financial policy expert Daniel Press welcomed…
News Release
America’s Economic Revival Has Been Based on Environmental Deregulation and Increased Energy Production
Tonight, President Trump delivered his State of the Union address from the well of the House Chamber at the U.S. Capitol, focusing on topics including…
Blog
Administrative Procedure Act Limitations: Process and Oversight Shortcomings
The Administrative Procedure Act of 1946 (APA) set up the foundation of the public consultation rulemaking procedure. Part one of this two-part glance at APA…
Fox Business
Trump’s State of the Union Address in Five Words
He need only focus on five words to convey his vision: less regulation and less dependency in America.
Fox News
Super Bowl – Here’s Why it’s a Big Deal That You Can Place Your (Legal) Bets on the Big Game
For the first time since 1992, Americans outside of Nevada can legally wager on the outcome of the Super Bowl. This comes thanks to a recent…
Blog
This Week in Ridiculous Regulations
The Midwest froze, but the Federal Register began to heat up. As I predicted earlier, the first three post-shutdown editions were slow. Then Thursday’s edition…
Blog
A Brief Outline of Undisclosed Costs of Regulation
In my recent Forbes column “Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State,” I discussed checks on the…
Forbes
Rule of Flaw and the Costs of Coercion: Charting Undisclosed Burdens of the Administrative State
Bloated by Congress’s delegation of most lawmaking, the Administrative State sits in America’s middle seat with its elbows out.
Blog
Administrative Procedure Act Limitations: Cost Measurement and Disclosure
U.S. Circuit Judge J. Harvie Wilkinson III noted in a 2017 journal article that regulation sometimes contains “too much detail,” changes too “frequently and capriciously,” creates backlogs and…
Blog
The Shutdown Is Over: How Does that Affect Regulation?
During the partial shutdown, the Federal Register slowed to a crawl. Published every weekday, an average day’s edition consists of about 270 pages and contains…
Blog
This Week in Ridiculous Regulations
The partial shutdown ended on Friday, though only on a three-week deal. This likely will not show up in the Federal Register’s page and rule…
Reason
Georgia’s ‘Mimosa Mandate’ Is a Victory for Alcohol Freedom
Reason cited Senior Fellow Michelle Minton on alcohol regulations: Why stifle alcohol sales when they’re clearly the miracle elixir society needs? Michelle Minton…
Newsmax
Don’t Let Red Tape Stunt Innovative Cryptocurrency
As cryptocurrency and the associated blockchain celebrate their tenth birthdays, the new “Free to Prosper” agenda for the 116th Congress — published by my…
Blog
What If Trump’s Regulations Exceed His Regulatory Rollback Savings?
President Donald Trump has pruned rules and costs at a quicker pace than other presidents. But could his other policies torpedo that?…
Blog
This Week in Ridiculous Regulations
Last week, people got worked up over hamburgers and a television commercial about razors. Meanwhile the partial federal shutdown continued, and a bill to introduce…
National Law Review
Think-Tank Calls for RFS Repeal
The National Law Review cited CEI’s Agenda for the 116th Congress: On January 8, 2019, the Competitive Enterprise Institute (CEI), a non-profit…
News Release
CEI Asks Court to Invalidate the FCC’s Costly Conditions on 2016 Charter Cable Merger
The Competitive Enterprise Institute (CEI) and four cable customers yesterday filed the opening brief in their challenge to the wide-ranging conditions imposed by the FCC…
Forbes
If the Government Shutdown Falls Short of Armageddon, We Should Rethink the Other 75 Percent Too
If the longest-ever partial (25%) federal government shutdown persists, might Americans catch on that not everything the federal government does and regulates should remain national…
Blog
This Week in Ridiculous Regulations
On Saturday the partial government shutdown became the longest ever. The news cycle was wall-to-wall wall and shutdown coverage, though Rep. Sean Duffy (R-WI) introduced…
The American Spectator
Is DOJ Undermining Trump’s Commitment to Drain the Swamp?
The American Spectator cited Senior Fellow Michelle Minton on online betting and the Department of Justice: Michelle Minton of the Competitive Enterprise Institute,…
JDSupra
A Year-End Regulatory Report Card
JDSupra cited CEI’s Agenda for the 116th Congress. With the close of 2018, the Competitive Enterprise Institute released a report asking “how is…
Reason
The DOJ Shouldn’t Reignite the Fight Against Intrastate Gambling
Reason cited research by Senior Fellow Michelle Minton on state gambling regulations and the Department of Justice. Research into a history of the Wire…
The Washington Examiner
Oil and Ethanol Industries Renew Hostilities Over Mandate
The Washington Examiner cited CEI’s Agenda for Congress, regarding the EPA’s ethanol mandate: The mandate requires refiners to blend a range of biofuels…
The Washington Times
Go Ahead and Prosper
The Washington Times cited President Kent Lassman and CEI’s report, Free to Prosper: A Pro-Growth Agenda for the 116th Congress: The Competitive Enterprise…
Blog
Agenda for the 116th Congress: Regulatory Reform
The first chapter in the new Competitive Enterprise Institute agenda for Congress, “Free to Prosper,” is on regulatory reform. Most of the Agenda is about reforming…
Forbes
Working Together, We Can Keep Country People off the Internet (Just Kidding; Jumpstart 5G This Way)
A buddy of mine living in Charlottesville was wishing for more subsidized rail to travel to Washington. I told him it was cheaper for me…
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