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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Bloomberg
VIDEO: Ryan Radia Discusses the Supreme Court and the Regulatory State on Bloomberg
Ryan Radia, Research Fellow and Regulatory Counsel at the Competitive Enterprise Institute, joined Bloomberg Markets to discuss the Supreme Court's impact on the regulatory state.
Compliance Week
Counterpoint: Chevron Case Creates Imbalance
The famous passage from James Madison in the Federalist Papers, Essay 51—“If men were angels, no government would be necessary”—reveals where the problems lie with…
Blog
This Week in Ridiculous Regulations
America celebrated its 242nd birthday on Wednesday, and new tariffs on $34 billion worth of Chinese goods came into effect on Friday. Meanwhile, during a…
Forbes
Americans Celebrate July 4th — But Can They Celebrate Independence?
News reports on Fourth of July polling pointedly distinguish between “proud to be an American” and “proud of America now,” in a way less apparent…
Forbes
What do Scholars Say About the Empirical Relationships Between Regulation and Entrepreneurship?
In the Fraser Institute’s new volume Demographics and Entrepreneurship: Mitigating the Effects of an Aging Population, chapter authors observe that the more red tape and…
Forbes
What Do Scholars Say About The Conceptual Relationship Between Regulation And Entrepreneurship?
We know that “Institutions Matter” when it comes to governance and prosperity. They have to, because the phrase returns over 200,000 Google search results.
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