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: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
Blog
Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
Issues and Insights
After Iran, Trump Needs To Bomb The Administrative State Into Submission
Issues and Insights cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. “The regulatory tax of…
Search Posts
Time
Energy Companies Don’t Like the Clean Power Plan — or President Trump’s Plan to Kill It
Time quotes Myron Ebell about the ability of the Trump Administration to deregulate Power Plants. Donald Trump boasted last month that the Obama…
Washington Examiner
Repealing The Clean Power Plan Will Benefit All Americans
Environmental Protection Agency Administrator Scott Pruitt's proposal to repeal the so-called Clean Power Plan is the most notable step President Trump and his team have…
City Journal
Well-Heeled Fliers Against Air-Traffic Reform
The City Journal quotes Marc Scribner on the influence the NBAA has in preventing federal reform and modernization of air traffic control. Members…
Blog
7 Congressional Efforts the President Should Urge Members to Support
President Trump should use his State of the Union address to encourage members of Congress to pass these 7 bills immediately.
City Journal
EPA Chief Set to Bar Government-Funded Experts From Agency’s Science Panels
The Daily Signal cites William Yeatman on several points about the laxness in EPA scientific standards and financial regulation. Try asking the nation’s…
Time
Inside Scott Pruitt’s Mission to Remake the EPA
Time Magazine quotes Myron Ebell on Scott Pruitt’s opportunity to battle overregulation within the EPA. Bonnie Wirtz was tending to her Minnesota farm one…
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