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
News Release
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Blog
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Search Posts
Blog
Good News for Young Lemonade Stand Entrepreneurs
Every summer there are news stories about local authorities shutting down children’s lemonade stands over lack of licenses, permits, a lack of restaurant-grade kitchen or…
Forbes
What the AT&T-Time Warner Merger Decision Means for U.S. Regulation
President Donald Trump's moves to streamline federal regulation and unleash infrastructure have in some ways been unprecedented. But some developments could undermine or swamp the…
Blog
Putting the Net Neutrality Scare Stories to Rest
Today is the first day of the Internet operating under the Federal Communications Commission’s Restoring Internet Freedom Order (RIFO), which was adopted last December but is…
Blog
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…
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