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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Biden breaks Federal Register record
Joe Biden’s administration has set a new Federal Register record with 96,088 pages as of December 3, 2024, surpassing the Obama administration’s 95,894 pages in…
Blog
This week in ridiculous regulations: Milk marketing and sport fishing
It was a shortened week on account of Thanksgiving. Agencies issued new regulations ranging from fed cattle to general service lamps. On to the data: • Agencies issued 57 final regulations last week,…
Blog
This week in ridiculous regulations: Pear handling and airport construction
CEI founder Fred Smith passed away at age 83. Few people were as effective as Fred in pushing back against regulatory excesses, and nobody did it…
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Voter Ignorance and Political Reform
If you’re a voter in Los Angeles, you just may wind up with an unexpected windfall the next time you cast your ballot. The Los…
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New RegData Site Makes it Easier to Track Regulation
About three years ago, our friends at the Mercatus Center launched a website called RegData that compiles a searchable database on many facets of…
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Red Tapeworm 2014: Are Environmental Protection Agency Regulations Declining? Don’t Bet on It
This is Part 26 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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CEI’s Battered Business Bureau: The Week in Regulation
75 new regulations, from tax delinquents to spectrum auctions.
Blog
Red Tapeworm 2014: Tell Us — Which Regulations Hurt Your Business as You Grow?
This is Part 24 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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CEI’s Battered Business Bureau: The Week in Regulation
Despite another 47 proposed regulations and 80 final regulations last week, 2014 remains on pace to have the smallest number of new regulations of any…
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Red Tapeworm 2014: Small Businesses Beaten Down by Recordbreaking Federal Regulations
This is Part 23 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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Uber and Regulation: Pro-Business Is Not Pro-Market
“Republicans love Uber. Young urban voters love Uber. And Republicans hope that means young voters can learn to love the GOP.” That was the opening…
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Red Tapeworm 2014: Completed Economically Significant Rules at Record Levels
This is Part 21 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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Red Tapeworm 2014: Big Dollar Federal Regulations in the Pipeline Highest under Obama
This is Part 21 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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CEI’s Battered Business Bureau: The Week in Regulation
Ninety-eight new regulations, from Moroccan blueberries to home furnaces.
Blog
New Study Estimates around $70 billion in Financial Regulatory Costs
Complying with regulations is part of the cost of doing business. For bigger businesses that can absorb those costs (or rather, pass them on to…
Blog
Red Tapeworm 2014: Here Are the Federal Agencies that Issue the Most Regulations
This is Part 20 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
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CEI’s Battered Business Bureau: The Week in Regulation
Seventy-four new regulations, from spearmint oil to insurance exchanges.
Blog
Red Tapeworm 2014: Federal Regulatory Agenda Consistently Tops 3,000 Rules
This is Part 19 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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CEI’s Battered Business Bureau: The Week in Regulation
In addition to 100 final regulations, 62 proposed regulations made their way to the Federal Register last week.
Human Events
Of Obsolete Regulations and Post-Prohibition Haggis
What comes to mind when you think of Scotland? Bagpipes, certainly, perhaps Scotch whisky, maybe William Wallace (or at least a version that looks suspiciously…
Forbes
Techno-Libertarianism: Building The Case For Separation Of Technology And State
Can we keep government’s hands off the technology frontier? I like to think it makes sense that libertarianism—or classical liberal ideas–would resonate in places like…
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Red Tapeworm 2014: When Regulations Get Delayed
I tend to think bureaucratic regulation often creates tremendous harm, so it’s interesting when those who disagree decide to hold off on regulation when it…
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CEI’s Battered Business Bureau: The Week in Regulation
63 new regulations, from poultry plans to headaches. …
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CEI Podcast for July 10, 2014: The Wire Act and Online Gambling
Michelle Minton argues that the Wire Act applies only to interstate sports gambling, not online gambling as a whole. The Wire Act's 50-year history…
Forbes
After The Fireworks – “For What Did We Throw Off The Yoke Of Britain And Call Ourselves Independent?”
Well, everybody’s back from the beach or the lake, we’re done with our hot dogs and picnics and fireworks. We’re all back in our workplaces…
Blog
Red Tapeworm 2014: Over 24,000 Pen and Phone “Public Notices” Annually
This is Part 16 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal…
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CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week due to the 4th of July holiday, but a busy one. Monday’s Federal Register topped 500 pages, and Tuesday alone saw 29…
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Red Tapeworm 2014: A Fourth of July Reflection on Presidental Executive Orders and Loss of Liberty
In other countries, similar edicts may be known as decrees, orders in council, or fiat. -Wikipedia This is a special July Fourth Edition…
Blog
Red Tapeworm 2014: The Expanding Code of Federal Regulations
This is Part 14 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Forbes
Despotism-Lite? The Obama Administration’s Rule By Memo
Congress passed a few dozen bills last year that President Barack Obama signed into law. Outside the normal legislative process, though, federal agency regulations number…
Blog
Red Tapeworm 2014: Cumulative Final Rules in the Federal Register
This is Part 13 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014 Edition)…
Blog
Is John Boehner’s Lawsuit the Best Way to Rein in the Executive Branch?
House Speaker John Boehner plans to sue President Obama over perceived abuses of the separation of powers. Over at the Daily Caller, I argue that…
The Daily Caller
Is John Boehner’s Lawsuit The Best Way To Rein In The Executive Branch?
On Wednesday, House Speaker John Boehner announced plans to sue the White House for breaching the Constitution’s separation of powers. “On one matter after another…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
There were no major regulations this week, but more than 80 little ones, covering everything from a religious exemption to the federal tanning tax to…
Blog
Red Tapeworm 2014: Number of Proposed and Final Rules in the Federal Register
This is Part 12 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
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Red Tapeworm 2014: Federal Register Pages Per Decade
This is Part 11 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
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Red Tapeworm 2014: A Record Number of Federal Register Final Rule Pages
This is Part 10 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Forbes
The Rise Of Uber Should Have Politicians, Regulators And Crony Capitalists Shaking With Fear
Consumers love choice and convenience, especially when it comes to getting from point A to point B. So as Uber takes the world by storm,…
Blog
Separation of Powers Survived Today by a One-Vote Margin
My colleagues over at GlobalWarming.org are already mulling over what today’s ruling in UARG v. EPA means for the future of American industry and energy production, but there’s…
Blog
Red Tapeworm 2014: Thousands of Federal Register Pages
This is Part 9 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
Products
The Cure For Regulation Destabilization
If U.S. federal regulation were a country, it’d be the tenth largest, right there between Italy and India. For the typical family that regulatory cost…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register topped the 35,000-page mark last week. New regulations cover everything from tariffs on foreign cheese to dental implants to fireworks shows.
Personal Finance Hub
Report finds regulation compliance costs businesses $1.86 trillion
Over the past several years, think-tanks and market-related organizations have released reports that have given the United States low grades when it comes to red…
Blog
Red Tapeworm 2014: The High Cost of Overcriminalization
This is Part 8 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual Snapshot of the Federal Regulatory State (2014…
The Washington Times
DRIESSEN: What’s really behind anti-Keystone fanaticism?
Hedge fund billionaire Tom Steyer has promised to give $100 million to anti-Keystone Democrats, and Hollywood elites are lending their support and filmmaking skills to…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Seventy-nine new regulations, from olive assessments to phone calls from prison.
News Release
CEI Sues NSA to Obtain “Destroyed” EPA Phone Records
Contact: Annie Dwyer; 202-331-2765 FOR IMMEDIATE RELEASE June 9, 2014 Competitive Enterprise Institute Sues NSA to Obtain “Destroyed” EPA Phone Records WASHINGTON…
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CEI’s Battered Business Bureau: The Week in Regulation
New regulations published last week cover everything from what to call UV lamps used for tanning to the federal government’s National Sheep Industry Improvement Center.
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Regulatory Improvement Commission
That idea is now captured in a bi-partisan bill in Congress. Wayne Crews and I wrote about it this week in The Washington Times:…
Blog
Ridesharing Wars: Uber, Regulators, and the “California Compromise”
Yesterday, as many in the D.C. metro area are aware, Virginia’s Department of Motor Vehicles sent cease-and-desist letters to Uber (PDF) and Lyft…
Blog
Friday June 6th: Have a Doughnut for Freedom
Do you know what today is? If you said D-Day, you’d be right. But this year, June 6 also marks another, less well known occasion.
Washington Times
A Model for Rolling Back Outdated Regulations
Very few people would argue for maintaining horse-and-buggy rules in the era of driverless cars, such as Google’s recently introduced prototype. Most rules still manage…
Blog
CEI Podcast for June 3, 2014: EPA Proposes Major Carbon Emission Regulation
Senior Fellow William Yeatman breaks down a proposed EPA regulation intended to significantly reduce carbon emissions in the U.S.
Blog
The Doctor Will Release You Now: How Official Time Contributed to the VA Scandal
Socialized medicine and union corruption are a potent combination and, in the case of the VA, a deadly one. The VA scandal has brought the…
Blog
33 House Republicans Join ALPA to Restrict Competition and Soak Consumers
I previously wrote about the campaign from the Air Line Pilots Association (ALPA) against Norwegian Air International's (NAI) attempt to offer low-cost flights from the U.S.
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Seattle Minimum Wage Hike Already Hurting Businesses
What did they think would happen? Seattle is likely to lift its minimum wage to $15 an hour. The move, supported by leftists and labor…
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The Funnel of Gov — OMB’s 2014 Report to Congress on the Benefits and Costs of Federal Regulations
Over the weekend the Office of Management and Budget (OMB) released the 2014 Draft Report to Congress on the Benefits and…
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House Intel Committee Chair Ignores Report Calling NSA Surveillance Illegal
At a recent event titled “A Statesman Forum on Cybersecurity Policy and Diplomacy” at George Washington University, House Intelligence Committee Chairman Mike Rogers (R-Mich.)…
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CEI’s Battered Business Bureau: The Week in Regulation
62 new regulations, from electric motors to handling kiwifruit.
Blog
Are My Ten Thousand Command “Mints” to Be Regulated?
The Food and Drug Administration FDA wants to regulate serving size of breath mints. That's right. This rule was issued March 2014:…
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CEI Labor and Employment Scorecard: Insourcing Amendment to Intelligence Authorization Act
This week, the Competitive Enterprise Institute (CEI) will score a vote in the U.S. House of Representatives in its consideration of the Intelligence Authorization Act…
Blog
Obama’s New Unified Agenda of Federal Regulations Shows Big Rules Are Growing
In the just-released Spring 2014 Unified Agenda of Federal Regulations, published twice a year by the Office of Management and Budget,…
Washington Examiner
OMB: 13-year High For New And Costly Federal Regulations
The group that tracks regulations, the Competitive Enterprise Institute, told Secrets that Obama has issued far more big dollar regs in his first six years…
Fox News
EPA: The Obama Administration’s New Legislative Branch
Will the Environmental Protection Agency resurrect the defunct Waxman-Markey cap-and-trade bill, a 1,428-page behemoth that threatened to slam the brakes on the U.S. economy before…
Blog
How Policy Makers Should Approach Google’s Driverless Shuttles
Yesterday, Chris Urmson, director of Google’s Self-Driving Car Project, wrote a post for the company blog describing Google’s newest prototype: fully automated vehicles that…
Fox News
Which Study Has The Right Conclusion On Obama Climate Rule?
The Competitive Enterprise Institute, which has long studied the effects of government rules, estimates that “government compliance and intervention” cost the economy $1.8 trillion…
Washington Post
The Obama Economy Offers Bad News For Millennials
Ronald Reagan lightened the weight of government as measured by taxation and regulation. Obama has done the opposite. According to the annual "snapshot of…
Blog
Red Tapeworm 2014: U.S. Regulation Compared to the World’s Largest Economies
This is Part 7 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Dodd-Frank’s Durbin Amendment Drives Up Costs on Memorial Day and Every Day
Over the Memorial Day weekend, the Big Retail lobby created a dubious driving distraction. The Merchants Payments Coalition, whose members include retail giants like Walmart and…
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Senate Leaders Kill Patent Reform, Once again Thwarting Democracy to Protect Special Interests
Hundreds of moderate and conservative bills have passed the House of Representatives, often overwhelmingly, only to die in the Senate without even being voted…
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CEI’s Battered Business Bureau: The Week in Regulation
66 new regulations, from Panama to refrigerants.
Augusta Chronicle
Is The Private Sector Supposed to Serve Only Government? Of Course Not
For example, Wayne Crews of the Competitive Enterprise Institute, in his latest compendium on federal regulations (Ten Thousand Commandments), alone estimates that their compliance…
Blog
No, Gov. Perry, a Ban on Internet Gambling Won’t Protect the Internet or Individual Freedom
In an attempt to save face, Texas Governor Rick Perry is trying to justify his support for a federal online gambling ban by claiming that it’s the…
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Export-Import Bank Subsidizes the Western World
On its “About Us” page, the Export-Import Bank gives us its purported mission: “Ex-Im Bank does not compete with private sector lenders but provides…
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Red Tapeworm 2014: The Federal Government “Eats” 31 Percent Of The U.S. Economy
This is Part 6 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Congress Must End Department of Transportation’s Abuse of “Unfair and Deceptive Practices” Authority
The Department of Transportation is opening a rulemaking proceeding to, among other things, require airlines and ticket agents to include ancillary fees (for, e.g.,…
Blog
CEI Podcast for May 20, 2014: Phones on a Plane
CEI Fellow Marc Scribner supports the FCC's attempt to lift a ban on in-flight cell phone use.
Blog
Consumers Will Win in Combined AT&T-DirecTV
AT&T agreed Sunday to purchase DirecTV for $67 billion in cash, stock, and acquired debt. If federal regulators approve the deal, the combined firm…
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The Premises of Net Neutrality
In the electric power industry, if you run an extension cord across the street to serve another, you go to jail. The local utility has…
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CEI’s Battered Business Bureau: The Week in Regulation
77 new regulations, from cotton grading to walk-in coolers.
Blog
Failed Obamacare Exchanges and No-Work Contracts Drive up Obamacare Costs
Politico tallies the rising costs for "four failed Obamacare exchanges," reporting: Nearly half a billion dollars in federal money has been spent developing four …
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No, the FCC Did Not Allow “Fast Lanes” on the Internet, Yet
This week, the Federal Communication Commission (FCC) held an Open Meeting to propose new rules regarding regulation of Internet service providers (ISPs), such as Verizon and…
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Red Tapeworm 2014: Regulations Cost More than Federal Income Taxes
This is Part 5 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Insurance Premiums Rising More Due to Obamacare
There are "rate hikes for all" coming due to Obamacare, predicts The Daily Caller, citing state insurance filings: Virginians will see upped health insurance premiums…
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Johnson-Crapo Is Fannie and Freddie on Steroids
Today, after delays and much opposition from many quarters on different grounds, the Johnson-Crapo housing finance overhaul is set to be voted on by the…
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Red Tapeworm 2014: Regulations Catching Up to Government Spending?
This is Part 4 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Red Tapeworm 2014: Reckoning the Dollar Cost of Federal Regulation
This is Part 3 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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Massachusetts Seeks Millions More from Taxpayers as Its Obamacare Exchange Fails
Massachusetts' Obamacare exchange has failed, even though Massachusetts adopted an individual health-insurance mandate in 2006, and thus had a built-in advantage over other states in handling Obamacare's requirements.
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Red Tapeworm 2014: Tardy Bureaucrats Gone Wild
This is Part 2 of a series taking a walk through some sections of Ten Thousand Commandments: An Annual…
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CEI’s Battered Business Bureau: The Week in Regulation
Despite nearly 60 new regulations and more than 1,300 Federal Register pages, regulations remain on a below-average pace this year. On to the data: Last…
Blog
Red Tapeworm 2014: Guess Which Is the Largest Government on Earth?
This is Part 1 of a new series taking a walk through some sections of Ten Thousand Commandments: An…
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CEI Podcast for May 8, 2014: The Future of Self-Driving Cars
Marc Scribner talks about his new paper, "Self-Driving Regulation."…
Blog
Air Line Pilots Association Launches Super-Xenophobic Ad against Low-Cost Foreign Airline
The Federal Aviation Administration (FAA) is currently considering whether or not it will honor its EU-U.S. open skies treaty in the case of Norwegian Air…
Blog
California’s Latest Anti-GMO Push
Two years ago, voters in California narrowly defeated Proposition 37 , a ballot initiative that would have required labeling of most --…
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Washington, D.C., Imposes One Percent Obamacare Health Insurance Tax
The costs of Obamacare keep rising. The Council of the District of Columbia has imposed a one percent tax on all health insurance policies…
Blog
Labor/Employment Scorecard Now Includes Votes on David Weil to Head DoL’s Wage and Hour Division
In our scorecard of the United States Senate’s labor and employment votes, CEI's WorkplaceChoice.org has included voting on the movement of David Weil’s confirmation…
Heartlander
The View from the Bottom
Could the economic decline have something to do with the insane increase of federal government regulation? As John Merline asked in Investor’s Business Daily, “After…
The Canal
The US Regulatory Black Hole, Quantified
This week the Competitive Enterprise Institute released its annual report on the failures of the regulatory state. Written by Clyde Wayne Crews, the report is…
Human Events
Regulation Lets Government Grow In The Shadows
“There oughta be a law.” We hear that refrain way too often in this country, from conservatives and liberals alike. The problem is that most…
NCPA
The Regulatory State
It cost Americans a whopping $1.863 trillion to comply with federal regulations in 2013, more than the gross domestic product (GDP) of Canada, according to…
Human Events
Regulations Take $1.8 Trillion Bite Out Of Economy
The Competitive Enterprise Institute (CEI) this week released its annual Ten Thousand Commandments report on the size and scope of federal regulations. According to the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
77 new regulations, from gooseberry imports to preventing collisions at sea.
Human Events
Fox News: Obama’s record-setting expansion of federal regulations
Watch the latest video at video.foxnews.com…
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