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
Study
The Protection Paradox
The everyday American expects certain basic services from her government. She expects her roads to be maintained, her mail to be delivered, and her…
Blog
The Regulatory Plan needs a regulatory plan
As the Trump administration’s early emphasis on the Elon Musk-led Department of Government Efficiency, or DOGE, has tapered off, so too has its emphasis…
Blog
Third-party reviewers expand permitting capacity without expanding government
Housing permitting reform has become one of the few housing policies to attract support across the political spectrum. States as politically diverse as…
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Morning Consult
Trump Administration Hits Snags in Effort to Halt Environmental Rules
Morning Consult discusses deregulatory happenings at the EPA with Myron Ebell. While the Trump administration has been aiming to make good on promises…
Blog
Can You Make a Living without a Government License?
There is an expanding strange-bedfellows coalition that would like to see fewer professions for which people need a government-issued license.
RealClear Policy
Regulatory Reform: A Beacon of Light for Bipartisanship
Common ground is nearly impossible to find in Washington these days. But with the Senate’s recent confirmation of Neomi Rao as the White House’s…
Blog
This Week in Ridiculous Regulations
As the reality television drama in Washington continues to unfold, regulatory agencies pushed the 2017 Federal Register past the 35,000-page mark and issued 75 new…
Las Vegas Review-Journal
EDITORIAL: Donald Trump Makes a Bit of Headway on Regulatory Relief
Las Vegas Review-Journal cites 10,000 Commandments by Wayne Crews. It would take years to significantly erode a federal regulatory state that has…
Blog
This Week in Ridiculous Regulations
As summer marches on, regulatory agencies issued more than 60 new regulations in the last week.
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