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: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
Blog
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…
Blog
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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The Heartland Institute
Research & Commentary: Two New Regulatory Reform Ideas For West Virginia
The Heartland Instituted cited CEI’s “Ten Thousand Commandments” annual survey and Fellow Ryan Young’s “REINing in Regulatory Overreach” article. “Ten Thousand Commandments” is the Competitive Enterprise…
Blog
Bricks and Wood Heaters Also Need Relief from Obama-era Overreach
Several of the Obama-era Environmental Protection Agency’s most expensive and far-reaching Clean Air Act regulations are back in the news now that the Trump administration is…
Blog
Deregulation Coming from Labor Department
Deregulation is a topline goal of the current administration. Leading the pack in terms of costs savings from reducing red tape is the Department…
The Hill
The Risks And Rewards Of This Conservative Supreme Court
The Hill cited CEI on Herman Gundy v. United States case. Many of these future challenges would be motivated, at least in part,…
LifeZette
Trump Urged To Expose Bureaucrats’ ‘Regulatory Dark Matter’
LifeZette cited CEI’s Vice President for Policy and Senior Fellow Clyde Wayne Crews on regulatory dark matter. President Donald Trump has slashed a…
Blog
This Week in Ridiculous Regulations
In the news last week, the North American Free Trade Agreement (NAFTA) got a new name (USMCA) that nobody will use, and President Trump…
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