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
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Abolish, shuffle, repeat: The SOTU’s ill omen for federal retrenchment
Shrinking the federal government and abolishing agencies sounds simple — decisive, even. In practice, however, it appears neither can be done under modern administrative-…
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Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
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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…
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Regulations – How Much Do They Cost You?
From the labels on our food to the shoes on our feet, regulations are a part of our everyday lives. And there…
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Two Potential Outcomes for the Office of American Innovation
Yesterday the White House announced the launch of an Office of American Innovation. This is the latest of several moving and overlapping parts to President Trump’s…
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This Week in Ridiculous Regulations
The Trump administration’s 60-day regulatory freeze is now over, but many of this week’s new regulations are simply extensions of previous delays. So despite a…
The Huffington Post
Resisting Executive Excess Means Relearning Lessons from the Past
Defenders of checks and balances should be happy that a circuit split on President Trump’s executive order on immigration means that the Supreme…
News Release
Leading public policy and legal organizations join forces with Red Tape Rollback to roll back excessive federal regulations
RedTapeRollback.com, a project of Pacific Legal Foundation, today announced a new partnership with leading national public policy, legal,…
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This Week in Ridiculous Regulations
Starting this week, many late-Obama administration regulations delayed by the Trump administration’s 60-day freeze will come into effect.
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