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: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
Blog
The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
Search Posts
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Congress Should Target Unaccountable EPA Programs
The newly elected congressional majority should be ready and willing to help implement President elect-Donald Trump’s promise to tackle onerous regulations. But what about so…
National Review
Time to Get Rid of the EPA? Scott Pruitt May Be Just the Guy to Do It
National Review highlights Ryan Young’s estimate of the annual cost of compliance with the EPA’s regulations The EPA’s expansive and ever-expanding regulations impose…
Blog
Must-Have Gifts for America’s Wish List
It isn’t Christmas Day yet, much to the chagrin of impatient youngsters, but it’s already time for America to put together a wish list for…
Blog
This Week in Ridiculous Regulations
On Tuesday the 2016 Federal Register topped 90,000 pages for the first time ever, and continues to extend its page-count record every day.
The Daily Signal
Here’s the Tool Congress Can Use to Curtail Obama’s Regulation Legacy
The Daily Signal highlights Marlo Lewis’s writing on last minute regualtions from the Enviornmental Protection Agency. Not surprisingly, efforts are being made to enact…
Tulsa World
Credit Reports Used by Insurance Companies
Tulsa World
The Paul Ryan Vice Presidential Choice And The Other National Debt
No matter Mitt Romney’s running-mate candiate selection, cable news saturation of America for a couple days would have been and will be inevitable. Especially when…
Blog
Federal Register Breaks Record by 10,000 Pages
Today standing at 91,642 pages, the Federal Register is 10,000 pages higher than the prior all-time record.
Blog
Three Regulatory Reforms Congress Can Pass in the First Hundred Days
Here are three they should pursue in the new administration’s first hundred days.
Washington Examiner
Obama legacy: Most red tape in history, 35 days still left
Washington Examiner speaks with Clyde Wayne Crews on this year's record-breaking Federal Register's page count. According to regulation watcher Clyde Wayne Crews of…
Blog
A Free Market Policy Agenda for the Trump Administration
CEI’s free market policy agenda for the incoming Trump administration is aimed at strengthening the economy and removing barriers to economic freedom in five key…
Blog
How Ridesharing Platforms Help the Economy
We have been saying for a while that ridesharing platforms like Lyft are different from traditional transportation firms, not just in the technology they use,…
Study
First Steps for the Trump Administration: Rein in the Regulatory State
View full document as PDF President-elect Donald Trump has instructed members of his transition team to “develop a list of executive actions…
Legal NewsLine
CEI, in agenda for new Congress, pushes lawmakers to rein in federal agencies
Legal NewsLine highlights CEI's policy proposals for the 115th Congress. The Competitive Enterprise Institute, a nonprofit that advocates for limited government and free enterprise,…
Blog
This Week in Ridiculous Regulations
The 2016 Federal Register will likely top 90,000 pages next week for the first time ever.
Wall Street Journal
Despotism and Donald Trump
The Wall Street Journal highlights CEI's policy proposals for addressing federal overreach. Guess it depends on what you mean by “authoritarian.”…
Foundation for Economic Education
San Francisco Turns against Its Own Startup Airbnb
San Francisco is the birthplace of Airbnb. Even so, politicians in this city have created some of the most restrictive home-sharing regulations in the…
Blog
A Pro-Growth Agenda for the 115th Congress
At CEI, we believe a clear agenda is necessary to move America toward economic growth, prosperity, and liberty for individuals to chart their own paths…
CNBC
Get ready for Republican rush of regulation rollback
CNBC discusses the Obama era regulations that the Trump administration could get rid of with Wayne Crews. But now, thanks to the Trump's…
News Release
CEI Proposes Agenda for Congress to Restore the Fundamentals of a Free Economy
Today the Competitive Enterprise Institute (CEI) released its policy goals for the 115th Congress, highlighting specific steps lawmakers can take to reform the unbounded…
Watchdog.org
Midnight in the garden of good intentions: Small biz fears end-of-administration regulations
Watchdog.org reports on CEI's work to track federal regulations and speaks with Marlo Lewis on the regulatory burden. The Competitive Enterprise Institute, which…
Blog
This Week in Ridiculous Regulations
As the Federal Register climbed above 87,000 pages for the first time in its 81-year history, agencies issued new rules ranging from landfills to movie…
Daily Signal
Obama Administration Not Finished Yet With Executive Actions, Regulations
The Daily Signal discusses the Obama administration's federal regulatory pace with Ryan Young. The fact that Trump could overturn much executive or administrative…
Products
Free to Prosper: Regulatory Reform
View the full chapter on regulatory reform here All legislative Powers herein granted shall be vested in a Congress of the United…
Blog
This Week in Ridiculous Regulations
Thanksgiving week was a busy one, with new regulations ranging from potatoes to royalties.
Washington Examiner
Race to finish: 1 new Obama reg every 147 minutes
Washington Examiner highlights CEI's work to track the federal goverment's current regulatory pace. According to the Competitive Enterprise Institute, Obama's regulatory machine is on…
Forbes
Donald Trump Promises To Eliminate Two Regulations For Every One Enacted
President elect Donald Trump, in a new video covering the transition and policy for the first 100 days, promises to get rid of regulation on…
Independent Journal Review
It’s Time For The New President And Congress To Think Big When It Comes To Cutting Government Waste
Political revolutions don’t come around often: Margaret Thatcher in Britain in 1979, the fall of the Berlin Wall in Eastern Europe in 1990, the Contract…
The Washington Times
Republicans prepare to repeal regulations as Obama racks up record
The Washington Times discusses a regulatory record set by the Obama administration with Wayne Crews. The president is piling up the red tape…
Blog
This Week in Ridiculous Regulations
On November 17, the 2016 Federal Register set an all-time record page count—an impressive feat for a document that has been published continuously since 1936.
Forbes
Obama White House Releases Its Final Regulatory Agenda
The White House has published the Fall 2016 Unified Agenda of Federal Regulatory and Deregulatory Actions. It’s appearing the weekend before Thanksgiving — yet…
Investor's Business Daily
What’s Really Doable In Trump’s First 100 Days?
Investor's Business Daily discusses rolling back regulation of the Obama administration with Wayne Crews. In the past eight years, Obama has imposed a…
Blog
Counteracting the Midnight Rush of Regulations
Now that the White House will officially be switching parties, the outgoing Obama administration will likely pass as much of its regulatory agenda as quickly…
Blog
Obama’s 2016 Federal Register Just Topped Highest Page Count of All Time
Well that didn’t him take long. President Barack Obama’s Federal Register, the daily depository of rules and regulations, added 572 pages today, and stands at…
Washington Examiner
Obama sets new record for regulations, 527 pages in just one day
Washington Examiner discusses the Obama administration's record breaking regulation year with Wayne Crews. President Obama has just set a new record for rules…
Breitbart
Obama Sets Record, Slams Washington with 527 Pages of Regulations
Breitbart discusses the Obama administration's record breaking regulatory year with Wayne Crews. Obama shattered his old record with the November 17 release, according…
The Washington Free Beacon
Obama Breaks Record for Most Pages of Regulations in Single Year
The Washington Free Beacon discusses Obama's regulatory record breaking year with Wayne Crews. Obama broke his previous 2010 record of 81,405 pages worth…
WND
Obama sets new record for regulations: 527 pages in 1 day
WND speaks with Wayne Crews on President Obama's record-breaking regulatory year. President Obama on Thursday set a record for the most pages of…
Blog
Which of Obama’s Midnight Regulations Will Get Rolled Back?
Yesterday, House Majority Leader Kevin McCarthy (R-Calif.) and every Republican House Committee Chairman sent a one-paragraph letter to all executive agencies cautioning them “against finalizing…
Forbes
Obama’s Midnight Regulations To Get Increased Scrutiny From Congress And Trump
House Majority Leader Kevin McCarthy (R-California) and other Republican leadership members just sent a letter to Obama administration regulatory agency heads telling them to…
Wall Street Journal
Reversing Rule by Regulation
President Obama spent his final six years in office—and especially the last two—governing largely by executive fiat. He issued executive orders, and his administrative…
The Wall Street Journal
Reversing Rule by Regulation
President Obama spent his final six years in office—and especially the last two—governing largely by executive fiat. He issued executive orders, and his administrative state…
Bloomberg BNA
Will Trump Stand in Way of Regulatory Reform?
Bloomberg BNA speaks with Ryan Young on how the Trump administration and Congress can bring regulatory reform. Trump himself has repeatedly promised to…
Blog
Federal Register Tops 80,000 Pages, 3rd Highest Ever Count
Today’s Federal Register added 572 pages, and stands at 80,562 pages for 2016.
Blog
Congress Should Use REINS Act to Reform Regulation
CEI released a new report today about the REINS Act, which would require Congress to vote on all new executive branch regulations costing more than…
Science Magazine
Trump and next Congress could quickly erase scores of major regulations
Science Magazine speaks with Clyde Wayne Crews on recent significant rules that Congress should consider repealing. One conservative analyst, Clyde Wayne Crews Jr.
Washington Examiner
New push to vet regulations, cut $15,000 ‘hidden tax’ on all households
Washington Examiner highlights Ryan Young's report on the Regulations from Executive Need of Scrutiny Act. The newly influential Competitive Enterprise Institute Tuesday launched…
The Washington Times
Senate moves to rein in regulations, looks to give Congress vote
The Washington Times highlights Ryan Young's report on the Regulations from the Executive in Need of Scrutiny Act. Congress and the president enacted…
Blog
This Week in Ridiculous Regulations
Veterans Day made it a short work week, but agencies still filled more than 1,300 Federal Register pages with rules ranging from trailer tires to…
Forbes
Donald Trump And The 115th Congress Could Get Rid Of These 140 Obama Regulations
Many observers are weighing in on the rules and regulations that a new Trump administration might be inclined to eliminate. The Hill, for example, compiled…
Investor's Business Daily
Here’s How The President and Congress Can ‘Rein In’ Regulation
President Barack Obama and President-elect Donald J. Trump have something important in common. They both have a chance to help America's job creators out from…
One News Now
Is a clean slate ahead?
One News Now speaks with Ryan Young on how the Trump administration can lead regulatory reform. With the incoming Trump administration, many people…
Blog
Federal Register Hits 4th Highest Ever Count, Will Top 80,000 Pages Tuesday
Yesterday the Federal Register hit its fifth-highest count of 79,380 pages.
Sun-Sentinel
Five ways President Trump could jump-start economic growth
Too many Americans feel left behind by the weak economic growth and diminished job opportunities under the Obama administration. Too many people have seen their…
Blog
Free Market Opportunities for the Trump Administration
This election has given us one more demonstration that knowledge is dispersed and “trusting the experts” to know the future is foolish. The unexpected success…
Blog
Federal Register Hits 5th Highest Ever Count, Days from All-Time High
We’ve documented here throughout November that the Federal Register is steamrolling through 2016, Obama’s final year.
Forbes
How President-Elect Donald Trump Can Fast-Track Deregulation And Wealth Creation
On this, the day after the election of Donald J. Trump as the 45th president (yes, he has already updated his Twitter profile), President…
Blog
This Week in Ridiculous Regulations
The Federal Register continued its record pace last week, with Friday’s edition alone having 1,177 pages.
Washington Times
Executive orders, pardons, ‘midnight’ regulations expected as Obama presidency draws to close
The Washington Times discusses the number for federal regulations passed during the Obama administration with Wayne Crews. In 2015, after Republicans won control…
Wall Street Journal
Another Last-Minute Regulation
The Wall Street Journal discusses federal regulations passed during President Obama's final days in office with Wayne Crews. This financial power grab is…
Investor's Business Daily
Memo To The Next President: We Can Grow A Lot Faster
Investor's Business Daily highlights Wayne Crews's annual report on the cost of federal regulations. Dodd-Frank bank reform, the EPA's excessively stringent "Clean Power…
Blog
Federal Register Adds 1,177 Pages, Hits 7th Highest Ever Count
We noted here on November 1 that the Federal Register is on a roll, hitting 76,270 pages, the 8th highest level ever.
Blog
A Federal Register Growth Spurt, Third Day of Record-Breaking Streak
The Federal Register is on a roll. On Friday, it hit 75,314 pages, the 10th highest level of all time, even though more than two…
Washington Times
Obama on pace for a legacy of most red tape
The Washington Times reports on Wayne Crews's blog post on the 2010 Federal Register's page count. The Obama administration is on a course…
Blog
A Monster Federal Register This Halloween
Today, the 2016 Federal Register stands at 75, 670 pages, the 9th highest “yearly” count of all time—but it’s only Halloween.
Blog
5 Scariest Halloween Regulations
Regulatory dark matter is a Washington boogeyman. In 2015, there were 39 regulations for every one law passed by Congress. That’s a lot of rules…
Washington Examiner
Obama set to break red tape record
Washington Examiner reports on Wayne Crews's report on this year's record breaking Federal Register. President Obama's regulatory freight train is crashing through even…
Forbes
Surging Federal Register Of Regulations Cracks Top 10 Fattest Ever–With 2 Months Still To Go
The federal debt isn’t the only thing doubling every few years. Both presidential candidates have declared they will cut mounting regulatory red tape, particularly for…
Watchdog.org
Candidates’ perennial promises to cut regulations rarely pan out
Watchdog.org discusses ways that the next administration can push for regulatory reform with Wayne Crews. Competitive Enterprise Institute Vice President for Policy Clyde…
Blog
This Week in Ridiculous Regulations
The number of new federal regulations passed the 3,000 mark last week, and the Federal Register continues its record pace.
Blog
Three Ways the Next President Can Help America Out
At this moment, it’s likely the presidential candidates are busy preparing for the third and final debate tonight.
Blog
How a New President Can Roll Back Bureaucracy, Part 13: Establish ‘Office of No’
Implement a “Do Not Regulate” Office to Clarify Economic Liberalization Alternatives to, and Explicit Exit Strategies from, Command and Control Rules.
The Hill
White House Admits it’s Late Again in Releasing Regulatory Report
The Hill reports on how Wayne Crews called out the White House Office of Management and Budget about it's late report on regulations. …
Blog
This Week in Ridiculous Regulations
Federal regulators enjoyed a short work week due to Columbus Day, but still published more than 1,300 Federal Register pages with new regulations ranging from…
Blog
White House Stalling Regulation Report Until after Election?
Today, Monday, October 17th, marks the latest that the White House Office of Management and Budget (OMB) has ever been with its annual draft Report…
The Hill
Group claims White House delaying regs report until after election
The Hill reports on Wayne Crews's blog post on the late White House Office of Management and Budget's report on regulations. In a…
Wall Street Journal
The Regulatory State May Have Met Its Match in Idaho
The Wall Street Journal highlights Wayne Crews's annual report on the size and cost of federal regulations. The problem in Washington, D.C., is…
Washington Examiner
Obama’s regs cost you a MacBook Pro every year
Washington Examiner discusses Wayne Crews's anaylsis on the Obama administration's record setting rule-making pace. With less than 100 days left in his presidency, the…
Rare
Barack Obama has imposed more regulations than any other president in history
Rare discusses regulation's record breaking year with Wayne Crews. President Barack Obama is on track to impose more regulations than any other American…
Washington Examiner
Obama legacy: Most red tape, regulations ever
Washington Examiner discusses the Obama administration's published regulations with Wayne Crews. Team Obama crossed the 70,000-page mark this week and is on schedule…
The Hill
One way to reduce regulations? Give states the power to reject them.
The Hill mentions Wayne Crews's annual report calculating the cost of federal regulation on the economy. As the Competitive Enterprise Institute has explained, regulations…
Blog
Federal Register Tops 70,000 Pages, Headed for a Major Record
There’s no measure of regulation worse than counting Federal Register pages. But on the other hand, the bureaucracies aren’t exactly bending over backward to disclose…
The Hill
Report: Obama could set record for most rules in 2016
The Hill reports on CEI's tracking of the Federal Register this year. The Obama administration is on pace to make 2016 the busiest…
Blog
This Week in Ridiculous Regulations
The Federal Register will crack the 70,000-page barrier early this week. New rules found in last week’s 2,000-plus pages range from foreign cars to beetles.
Blog
How a New President Can Roll Back Bureaucracy, Part 12: Acknowledge and Minimize Indirect Costs
This is the 12th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the role…
Blog
How a New President Can Roll Back Bureaucracy, Part 10: Account Separately for Economic, Health and Safety, and Environmental Regulations
This is the 10th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the role…
Blog
This Week in Ridiculous Regulations
It was a busy week, with Friday’s Federal Register alone containing 52 final regulations and 809 pages.
USA Today
Short-term government built short-term capitalism: John Allison
USA Today highlights Wayne Crews's calculated costs of federal regulations from his annual report. Not to be outdone, President Obama has overseen the…
The Hill
The poor suffer most from runaway regulation
The Hill cites Wayne Crews's calculated cost of federal regulation from his annual Ten Thousand Commandments report. Regulatory costs, which inevitably are passed…
InsideSources
A New President Needs a New Red Tape Agenda
Federal regulators issue thousands of rules and regulations every year. Decrees range from the Environmental Protection Agency’s gargantuan Clean Power Plan and “Waters of the…
Blog
How a New President Can Roll Back Bureaucracy, Part 8: Transparency Report Cards
Improving disclosure and transparency for regulatory output and trends is one area where a new president can unambiguously undertake unilateral initiatives without statutory regulatory reform.
Blog
How a New President Can Roll Back Bureaucracy, Part 7: Track Regulatory Accumulation
This is the seventh entry in a series on how the next president can reduce the scope of bureaucracy. Earlier installments have addressed a freeze on…
Blog
This Week in Ridiculous Regulations
Agencies issued more than six dozen new final regulations last week, ranging from minerals to dates.
Blog
How a New President Can Roll Back Bureaucracy, Part 6: Enhance Disclosure in ‘Unified Agenda’
There are rules, and then there are rules. Agencies are supposed to alert the public to their priorities in the semi-annual “Regulatory Plan and Unified…
Washington Post
How Trump would stimulate the U.S. economy
The Washington Post highlights Wayne Crews's calculated cost of federal regulations from his anual Ten Thousand Commandments report. Beyond trade, America’s Gulliver economy…
Blog
How a New President Can Roll Back Bureaucracy, Part 5: Scrutinize Informal ‘Guidance’ Documents
When a new president scrutinizes agency rules as we have called for in this series, he or she also needs to bring “guidance documents” under…
Blog
Response to Prof. Aaron Nielson on ‘Auer Deference’
As I’ve discussed before, there is a robust ongoing debate over the propriety of Article III courts giving binding respect to a regulatory agency’s interpretations…
The Houstonian
$3500 Lemonade Stand: How Government Regulation Stifles Entrepreneurialism
The Houstonian highlights Wayne Crews's annual report on the cost of federal regulations. Regulatory barriers to trade – not only on the federal…
Blog
How A New President Can Roll Back Bureaucracy, Part 4: Expand Number of Rules Receiving Cost Analysis
The Office of Management and Budget conducts review of some significant or major rules’ cost-benefit analyses, but not quite as many or as deeply as…
Blog
This Week in Ridiculous Regulations
Agencies issued 78 new regulations last week, ranging from cherries to dairy.
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