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: Grandfathered driver vision and socializing dogs
The Supreme Court declared President Trump’s IEEPA tariffs unconstitutional. The White House responded by enacting a 15 percent global tariff under a different statute. The…
Blog
Free the Economy podcast: What’s wrong with Congress with Kevin Kosar
In this week’s episode we talk about we talk about Consumer-Regulated Electricity, the amazing falling US poverty rate, and how smart…
Blog
Trump’s deregulation meets invisible rulemaking: The real 2026 challenge
After a brief shutdown, most fiscal year 2026 appropriations have been enacted, despite continued debate over Department of Homeland Security (DHS) funding. We may soon…
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Washington Free Beacon
Report: Net Neutrality Leads to Higher prices, Less Innovation
Washington Free Beacon covers CEI’s Net Neutrality report authored by Jessica Melugin and Ryan Radia. Keeping Obama administration-era net neutrality rules would result…
Reason
The Deregulator?
Reason discusses the Trump presidency in terms of deregulation with Myron Ebell. … Below the headline-generating clatter of travel bans, wiretap…
Politico
CEI Makes Case for Net Neutrality Rollback
Politico Morning Tech covers CEI’s Net Neutrality report authored by Ryan Radia and Jessica Melugin. The Competitive Enterprise Institute, in a report…
Forbes
These Federal Aviation Administration Regulations Are Why We’re Not Going to Mars
During president Donald Trump’s discussion about drinking processed urine on the International Space Station with duration record-setter Peggy Whitson, the exchange turned to a…
Learn Liberty
How “Regulatory Dark Matter” Blocks Innovation
The Trump administration’s desire to get rid of unnecessarily burdensome and unwise regulations is laudable, but fulfilling that desire won’t be easy. Nor will it…
Blog
This Week in Ridiculous Regulations
The number of new final regulations this year passed the one-thousand mark. While many of the new rules are delays or repeals of older rules,…
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
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
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Sam Kazman
Counsel Emeritus
- Antitrust
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- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment