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
Blog
Rumors of Nationalized 5G Point to Need for Reform of Existing Networks
Consumers will suffer from government efforts to create a nationalized 5G telecommunications network, and the rumoured plan to move in that direction needs to be …
Blog
State of the Less Regulated Union: 6 Ways Trump Has Cut Red Tape
Rollbacks of federal regulation are a main element of the Trump administration’s economic recipe and deserve credit. It’s highly likely that the loosening of red…
Bloomberg Politics
Trump Plays Down Health Hazard in Justifying Climate Rule Repeal
Bloomberg Politics quotes Myron Ebell on the importance of curbing Carbon Dioxide and how that should pose a greater priority to the Trump administration.
Free Beacon
Clean Power Plan Repeal Will Save $33 Billion in Compliance Costs
The Washington Free Beacon quotes Myron Ebell on her opinion of how cutting the Clean Power Plan will afford…
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…
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