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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This Week in Ridiculous Regulations
The week’s big headlines were about the G7 meeting and our allies’ efforts to avoid a trade war, and the meeting with north Korea…
The Washington Times
Regulatory Memorial Madness: Every 3 Hours, a New Rule
The Washington Times cited the Competitive Enterprise Institute on the tremendous amounts of rules and regulations unleashed by Congress and federal agencies. Congress…
The Daily Caller
It’s Been One Year Since Trump Promised To Leave The Paris Climate Accord
The Daily Caller cited Myron Ebell on the paradigm shift that has occurred with federal acceptance of affordable energy since the advent of the Trump…
USA Today
Reported Federal Funding For Climate Change Programs Is Incomplete, Says Watchdog
USA Today cited Myron Ebell on the financial benefits that will come because of deregulation by the Trump administration of Obama-era regulations and the benefits…
The Washington Times
Freezing the Paris Climate Accord is a job for the Senate
The Washington Times published an article written by Marlo Lewis reviewing the future of American energy independence and the shackling of the American economy under…
Forbes
Louder Applause + Less Regulation = Greater Entrepreneurship
Unleashing entrepreneurship is a global imperative, evidenced by worldwide governmental passion for classifying and measuring entrepreneurship, such as the World Bank's Doing Businessreport series, and by…
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