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
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Blog
The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
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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…
Daily Caller
Conservatives Give Congress their Top Ten Energy Priorities for 2019
The Daily Caller cited CEI’s report, Free to Prosper: A Pro-Growth Agenda for the 116th Congress: Free-market think tank the Competitive Enterprise Institute (CEI)…
The Washington Examiner
CEI Warns Lawmakers that a ‘Green New Deal’ Would Risk a Humanitarian Crisis
The Washington Examiner cited CEI’s latest report, Free to Prosper: A Pro-Growth Agenda for the 116th Congress and Director of the Center for Energy and Environment, Myron Ebell:…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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