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.
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Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
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Don’t expect the administrative state to disarm itself
Last week, I read two articles in the summer 2026 edition of the Cato Institute’s Regulation magazine: “Defanging the FCC” by Paul Matzko…
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The week in regulations: Razorback suckers and conflict of interest requirements
Congress is considering honoring the late Sen. Lindsey Graham (R-SC) by passing a counterproductive Russia sanctions and tariffs bill. Inflation numbers for June…
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Free the Economy podcast: Truth, lies, and economics with Jeremy Horpedahl
In this week’s episode we talk about Social Security’s cost of living, conserving rare earth minerals, and why California keeps…
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The week in regulations, shutdown edition: Student loans and foreigners’ biometric data
President Trump announced a trade deal with China. The Federal Reserve cut interest rates. The continued federal shutdown meant another slow week in the…
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Darklore Depository 2025: An unofficial inventory of guidance documents and other regulatory dark matter
Halloween can remind policy wonks that some of the ghastliest regulatory chills come not from ordinary notice-and-comment regulation buried in the daily Federal Register,…
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The week in regulations, shutdown edition: Visa fees and regional haze
President Trump demanded that the Justice Department pay him $230 million. He also cut off all trade negotiations with Canada because of a tv…
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Has Washington bought off the deregulatory movement?
Back during the Biden administration, I noted how rising federal spending and regulation seemed to swap unfunded mandates for funded ones – turning what…
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The week in regulations, shutdown edition: Mackerel and helicopters
The continuing shutdown made for another slow week in the Federal Register. The four-day week’s total of five proposed regulations, six proposed regulations, and…
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Clyde Wayne Crews
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Ryan Young
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Fred L. Smith, Jr.
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