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…
Search Posts
Forbes
Most Federal Agency Regulatory Guidance May Be Invalid, So Now What?
Forbes published an article by Clyde Wayne Crews, Jr. about the lack of firm rules beign established by federal agencies in stead copius “interpretive guidance”…
Reflections On The Evolution Of Trade Policy
Reflections On The Evolution Of Trade Policy
Forbes has published an article by Fred Smith detailing the effects of renegotiation and its effects on the North American economy as well as the…
The Denver Post
This Group Thinks Trump Hasn’t Done Enough to Unravel Environmental Rules
The Denver Post referenced Myron Ebell on the underlying weakness within the EPA owing to a personnel process. The activists gathered behind closed doors…
CNS News
Carbon Tax Is Political Poison for Conservative Movement
A carbon tax is political poison for conservatives and free marketers. The struggle for hearts and minds in this country is to no small degree…
The Washington Examiner
What CEOs Still Want from Trump: A Deregulation Wishlist
The Washington Examiner discusses deregulation with Myron Ebell. America’s CEOs have a long wish list for the regulatory rollback President Trump has promised to…
CNBC
Climate Skeptics and Coal Boosters Gather to Cheer Trump’s Energy Agenda — and Hold His Feet to the Fire
CNBC cited Myron Ebell on the developing successes by the Trump administration with its energy agenda as well as covered him biographically HOUSTON —…
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