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
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-…
Blog
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…
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…
Search Posts
Study
Mapping Washington’s Lawlessness
With regulatory dark matter, there are tens of thousands of documents that agencies can use to circumvent Congress, allowing the federal government to inject itself into…
Blog
This Week in Ridiculous Regulations
It was another slow week for new regulations, but busy times are on their way. A slew of delayed regulations will come into effect on…
News Release
CEI Comments on President Trump’s “Comprehensive Plan for Reorganizing the Executive Branch”
"Today regulation is used as a tool of economic control. It is time to return to agencies bound by law which can serve as a…
Washington Examiner
Trump asks public to help fix, cut government, sees billions in savings
Washington Examiner speaks with Kent Lassman on President Trump’s “Comprehensive Plan for Reorganizing the Executive Branch” excutive order. Competitive Enterprise Institute President Kent Lassman…
Townhall
Those ‘Devastating’ EPA Reductions
Townhall highlights Wayne Crews’ research on the cost of federal regulations. Complying with EPA and other government regulations inflicts staggering costs that reverberate…
Blog
Better than Expected Jobs Report Suggests Employer Optimism
It is very early days for the new administration, but there may be signs that employers are reacting to its deregulatory agenda.
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