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

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The week in regulations: Cable TV and paper straws
Ozzy Osbourne, Hulk Hogan, and Chuck Mangione passed away. President Trump issued an Executive Order on artificial intelligence and announced a tariff deal with Japan.

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Free the Economy podcast: Costs and benefits of urban transit with John Charles
In this week’s episode we cover Dodd-Frank’s 15th anniversary, a victory for homeowners in Oregon, and an alternative to socialist grocery…

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The number of agency-made rules for every bill passed by Congress last year was…
When you think about the production of laws in the United States, you probably picture something like the Schoolhouse Rock video “How a Bill Becomes…
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The compliance crisis: Unveiling the regulatory loopholes agencies love
While federal regulatory reform is critical, it’s equally important that existing oversight laws be followed. Unfortunately, many of these laws are routinely disregarded, with little…
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Next time, let’s try emergency powers that shrink government
As the nation deals with the aftermath of successive natural disasters, the need for a renewed debate on federal emergency powers is increasingly clear. While…
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#NeverNeeded regulations hindering hurricane recovery
It may be time to revive the #NeverNeeded campaign to assist the Hurricane Helene and Hurricane Milton recovery efforts. The idea behind #NeverNeeded…
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This week in ridiculous regulations: Refrigeration products and off-road vehicle debris
Iran fired 180 missiles at Israel. Hurricane Helene devastated North Carolina. Longshoremen went on strike. The unemployment rate dropped to 4.1 percent. The…
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This week in ridiculous regulations: Bent coins and Irish potato taxes
The leader of the Hezbollah terrorist group died in an Israeli military strike. The 2024 Federal Register is poised to reach 80,000 pages this week.
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Iowa’s ‘Lean-in’ approach to successful permitting reform
The State of Iowa has made significant strides in improving its environmental permitting processes, thanks to innovative reforms spearheaded by the state’s Department of Natural…
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