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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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Blog
Biden’s regulatory landscape: A year-end analysis
As we ring in 2025, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration. We take our traditional year-end look at it here. The 2024 Federal Register closed…
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Blog
Where Is Obama’s Unified Agenda Of Federal Regulations?
Two primary federal documents by which we judge the regulatory record of the administration are missing in action this year. We at least can say,…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
88 new regulations, from background checks for volunteers to silky sharks .
News Release
Jobs Report Doesn’t Tell Full Story
WASHINGTON, D.C., October 5, 2012 – Unemployment fell below 8 percent for the first time in four years last month, according to the September…
Blog
Regulations For Thee, But Not For Me
To liberals, regulations are great -- until they ensnare a liberal politician. Then, suddenly there needs to be an exception to the regulation. An example of…
Blog
Suffocating Athena: Public Sector Unions Kill Greek Salvation — Again
On October 1, the Greek government unveiled an austerity package that aims to reduce public spending by $15 billion (11.5 billion euros) for 2013-2014,…
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Medical Junk Science: Canned Veggies May Make Kids Fat
Can feeding your child canned soup and vegetables make her fat? According to study published in the Journal of the American Medical Association (JAMA),…
Blog
Alcohol Regulation Roundup: Columbus Day Edition
Alcohol has a long and complex history in the USA. In fact, it’s probable that the Scandinavian Vikings that tried to conquer North America…
Blog
Celebrate National Cybersecurity Month!
The summer may be over, but don’t put the barbecue away yet -- the president just declared this October “National Cybersecurity Month.” It’s the…
Blog
Obama Imposes Billions In Costs On Taxpayers In Order To Prevent Legally Required Disclosures
Yesterday, ABC News reported that "Defense contractor Lockheed Martin heeded a request from the White House . . . one with political overtones – and announced…
Fox Business
Winning the Presidential Debate with Regulation
Presidential debates are where the candidates try to show the average likely voter they know what he or she wants better than the other guy.
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Regulating Outside The Rules
The federal regulatory process is a complicated thing. As with any complex body of law, there are loopholes that agencies can exploit.
Blog
Lose The Helmet Already
So now we’re down to safe v. healthy. The “safe” approach to riding a bike is to wear a helmet, according to the Nanny Statists…
Washington Times
Regulations and Rules Equal Broken Government
When President Obama and Mitt Romney are jousting about taxes during their Wednesday night debate, one or both candidates might correctly point out that the…
Washington Times
Regulations and rules equal broken government
From Wayne Crews and Ryan Young's op-ed in The Washington Times: The first is “sue and settle.” Agencies like the EPA work closely…
Blog
Omens Of Another Recession? Durable Goods Orders Drop Sharply
In a bad omen for the economy, "durable-goods orders" sank "13.2% in August," far more than economists "had expected." “Bookings also fell for machinery,…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
71 new regulations, from prune insurance to Colombian tariffs.
Blog
Fifty Years Later: Rachel Carson Is Still Wrong
Back in 1996, the Competitive Enterprise Institute’s Jonathan Tolman authored an article entitled "Rachel Was Wrong,” in which he explained why biologist Rachel…
Blog
Free Checking Nearly Extinct Thanks To Dodd-Frank; Will Credit Card Rewards Follow?
One year ago on October 1, Dodd-Frank's Durbin Amendment price controls went into effect, causing consumers to lose free checking and be soaked with other…
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Unions Outgunning Opposition In Michigan
Organized labor is driving hard to enshrine collective bargaining right in Michigan State constitution. If Proposal 2 passes this November, they will have done…
Blog
Massive Payoff To City For Dropping Challenge To Tool Used To Impose Racial Quotas In Lending
The Obama administration declined to pursue a fraud claim worth up to $180 million against a city to get it to drop its pending…
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Study Finds Diisononyl Phthalate Safe For Toys
While news sources, greens, and U.S. lawmakers hype the risks about children’s exposure to the chemicals found in a host of plastic…
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In Rejecting EPIC’s Petition On TSA’s Strip-Search Machines, Court Effectively Orders Rulemaking Timetable
This afternoon, the D.C. Circuit Court of Appeals rejected the Electronic Privacy Information Center’s (EPIC) petition for writ of mandamus, which called on the court…
Blog
Driverless Cars Legalized In California
Just after 1pm PDT, California Governor Jerry Brown signed into law SB 1298, which explicitly legalizes the use and testing of driverless cars in the…
Blog
Work ‘til You Drop: Is This The Next European “Welfare?”
As Europe’s population ages, its widespread entitlement commitments will generate huge burdens on governments’ budgets. The economic consequences are easy to foresee: just think of…
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CEI’s Battered Business Bureau: The Week In Regulation
82 new regulations, from Indian casinos to bailouts for fruit tree owners.
Blog
State Capitalism Or Corporatism? Italy’s Carmaker Conundrum
Italy’s iconic car manufacturer, Fiat, announced Saturday its plans to keep its production base in Italy after months of threatening to leave for more…
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Junk Science Is Worse For Your Health Than Egg Yolks
We all know that eggs contain a lot of fat and cholesterol. While that does not make them “bad,” most of us realize that if…
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Regulation Roundup
Seatbelts for dogs, surveillance cameras for surveillance cameras, plus more.
Blog
Beware Of Unaudited Benefit Analyses
Regulatory agencies have an eternal incentive to expand their missions and grow their budgets. One consequence of this is that their cost-benefit analyses cannot be…
Washington Examiner
$1.8 trillion shock: Obama regs cost 20-times estimate
From Paul Bedard's column in The Washington Examiner: Current federal regulations plus those coming under Obamacare will cost American taxpayers and businesses $1.8…
News Release
Three States Join Constitutional Challenge to Dodd-Frank
Washington, D.C., September 20, 2012 – The states of Oklahoma, South Carolina, and Michigan today joined a lawsuit challenging the constitutionality of the Dodd-Frank Wall…
Blog
Can We Please Have A Grownup Discussion About Distracted Driving?
The National Highway Traffic Safety Administration (NHTSA) has released a new study on distracted driving [PDF]. According to the agency, 9 percent of total…
Blog
Economic Freedom Of The World
Non-economists tend to be much more skeptical about economic freedom than economists are. This in itself is a powerful case for free markets. But empirical…
Investor's Business Daily
Federal Agencies Should Stop Using Cost-Benefit Analyses
Every year, the Internal Revenue Service releases data on how much tax revenue it takes in. It never argues that the nation's tax burden is…
News Release
Regulation Nation?
WASHINGTON, D.C., Sept. 19, 2012 – Thursday morning, the House Judiciary Committee will hold a hearing: “Regulation Nation: The Obama Administration’s Regulatory Expansion vs.
Blog
As Union Popularity Fades, A Fight For Power Threatens Michigan
The major focus on issues involving public sector unions right now is the current teachers’ strike in Chicago. Now that the strike is in…
Blog
Striking: Right Or Privilege?
As the Chicago teachers’ strike is entering its second week, Mayor Emanuel has pledged to seek an injunction with the court to force instructors back…
Blog
The Sad, Early History Of Railroad Regulation: From Subsidies To Nationalization
CEI has long made it its mission to highlight to downsides and dangers of economic regulation. One classic example is the experience with America's railroads…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
76 new regulations, from DEA property seizures to place-of-origin requirements for wine.
Blog
Wisconsin Judge To Voters: “Drop Dead”
Who needs elections when you have judges? In Wisconsin, the voters have decided to reform their state's collective bargaining laws. They did so by, 1)…
Blog
Alcohol Regulation Roundup: Back To School Edition
Alabama: Up until last year brewpubs were illegal in Alabama due to a law that prevented beer being sold on the same site where…
Blog
Chicago Teachers Union: Overpaid Babysitters?
The grand themes of the current Chicago teacher's strike opera are broadly similar to other union-agitated public work stoppages. The union makes demands (more money, etc.) the city/company balks ("We can't…
Blog
Unions Seek To Make Michigan A Mediterranean State
On September 5, the Michigan Supreme Court gave a green light to the so-called “Protect our Jobs Amendment” (POJA) for the November 6 ballot. The proposed…
Investor's Business Daily
More than 1600 pages of regulations added to Federal Register last week, cost now $1.8 trillion per year
From Michael Bastasch’s article in The Daily Caller: Last week, 1,641 pages of regulations were added to the 2012 Federal Register, meaning it…
Blog
Federal Government: Fire Good Employees, Hire Bad Ones
The Obama administration is pressuring employers outside the financial sector to hire felons, even as its regulations force employers in the financial sector to fire "thousands…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
51 new rules and 1,641 Federal Register pages, from storing explosives to keeping fisheries accountable.
Blog
Collective Bargaining: Mythical Right Turned Constitutional In Michigan?
Everyone knows that our Founding Fathers’ primary motive during the revolution was to preserve collective bargaining for the carriage industries. That as Washington crossed the…
Blog
Want 1990s Job Growth? Go Back To Clinton-Era Deregulation
As much as the term “Forward” was used at the Democratic National Convention this week, the speeches of Bill Clinton and, to an extent, President…
Blog
Fact Checking Lilly Ledbetter’s False Speech At The Democratic National Convention
Former pay-discrimination plaintiff Lilly Ledbetter, in speaking at the Democratic National Convention on September 4, repeated the false claim that she learned about the…
Blog
Regulation Of The Day 228: Peyton Manning’s Jersey
School officials forbid 8-year old Colorado boy from wearing his Peyton Manning jersey to school because of possible gang ties.
Blog
CEI Podcast For September 27, 2012: The Future Of Generic Biotech Crops
Senior Fellow Greg Conko discusses his new paper, "Is There a Future for Generic Biotech Crops? Regulatory Reform Is Needed for a Viable Post-Patent Industry."…
Blog
CEI Podcast For September 6, 2012: Modernizing Air Traffic Control
America's air traffic control system can be charitably described as an antique. Land-use and Transportation Policy Analyst Marc Scribner describes some of the problems the…
Forbes
The Path To Job Creation Runs Through Regulatory Reform
From Ed Pozzuoli's column in Forbes: According to the Competitive Enterprise Institute’s Wayne Crews, regulation’s “hidden cost” has ballooned to $1.8 trillion on…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
74 new rules and 2,086 Federal Register pages, from migratory birds to cranberries.
Blog
Science And Technology Policy And The Democratic Convention
Now it's the Democrats' turn to gather for their convention in Charlotte and one element of the platform in common with basic Republican philosophy is…
Forbes
Congress looks at sales taxes for online purchases
From Burton Speakman’s article in Vindy: Jessica Melugin, an adjunct analyst at the Competitive Enterprise Institute, argued it would be burdensome to ask online…
Blog
Regulation Roundup
Doormats banned in Leeds, exploding sausages in Canada, plus more.
Blog
CEI Podcast For August 30, 2012: Delayed FDA Rules Should Be Scrapped
Senior Fellow Greg Conko argues that these rules should be scrapped altogether for two reasons: they will do little to improve food safety, and they…
Blog
Regulation Of The Day 227: Returning From The Moon
When Armstrong, Aldrin, and Michael Collins returned to Earth after the Apollo 11 mission, they actually filled out a customs form.
Blog
In Free Speech Victory, SEC Lifts Gag Rule On Hedge Funds And Venture Capital
Today's proposed Securities and Exchange Commission (SEC) rule lifting the outdated ban on "general solicitation" by hedge funds and venture capitalists is a victory for entrepreneurs,…
Blog
Congress Should Create A Repeal Committee
David Deerson and I look at how such a committee might work in a piece over at RealClearPolicy:…
RealClear Policy
Congress Should Create a Repeal Committee
When Congress passes a highly unpopular bill that forces people to buy products from private businesses, and then the Supreme Court upholds it, something needs…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
76 new rules and1,687 Federal Register pages, from offshore drilling to odometers.
Blog
Regulation Roundup
A creative way to get around liquor permits, plus more.
Blog
Clinton Vs. Clinton (And Obama) On Deregulation
With little success on the economic front, President Barack Obama in 2012 is embracing much of his message on the economy from 2008. And from that playbook,…
Blog
CEI Podcast for August 23, 2012: Bailouts as Corruption
Senior Fellow Matt Patterson argues that when government is big and powerful enough to dispense favors like bailouts, special interests will flock to Washington to…
Blog
Regulation And The Green Bay Packers
The NFL has a 53-man roster limit, but it doesn't prescribe how many linemen or quarterbacks the team must carry. That's up to the GMs.
Blog
FDA Rules Won’t Work, Will Harm Small Farmers
The FDA recently decided to delay implementing about $1.4 billion of food safety regulations until after the November election. We think the FDA should scrap…
Blog
Regulation And Government “Science” Cost Us More Than Dollars
Today, the Independent Women's Forum blog highlights a new NERA Economic Consulting study (produced for Manufacturers Alliance for Productivity and Innovation) on the costs…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
65 new rules, from offshore drilling to closed captioning.
Blog
Regulation Roundup
Fines for inaccurate weather forecasts, illegal chocolate egg smuggling, plus more.
Blog
West Nile Outbreak Warrants Pest Control — Pesticide Spraying Included
This year, Texas is experiencing its worst outbreak of the mosquito-transmitted West Nile virus ever. Fortunately, most people who get it won't suffer…
Blog
Regulation And The Setting Sun
Agencies are well-equipped for passing regulations, but not for repealing them. This becomes a problem as the years march on, and dusty old rules that…
Blog
California’s Unconstitutional Proposition 37
Writing in the Daily Caller, legal commentator Walter Olson says that California's Proposition 37 is bad policy that will only enrich opportunistic lawyers:…
Blog
Time To Extinguish Flame Retardant Hype
Flame retardants are making headlines these days thanks to an “exposé” — more properly characterized as an unsubstantiated smear campaign — published as a…
Blog
Equal Pay Should Be For Equal Work, Not Unequal Work
Yesterday, I criticized the assumption that people should receive equal pay for unequal work, such as requiring the average woman to be paid exactly…
Blog
When Wage Gaps Are Fair
When I and my wife first got married, she worked shorter hours than I did, and used her additional time outside the workplace for activities…
American Spectator
Needed: Judicial Activism
When it comes to the issues, it’s much harder than it should be to find substantive differences between President Obama and Mitt Romney. One potential…
Blog
Alcohol Regulation Roundup: Dog Days Edition
These days in D.C., the mercury regularly rises above the 90-degree mark right along with most of the U.S. As unpleasant as it might be…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
68 new rules, from health care to Glasflugel gliders.
Barron's
Laws Gone Wild? Drowning in Regulation
Barron's highlights Wayne Crews's study on the federal regulatory burden. According to a forthcoming report by the Competitive Enterprise Institute called Tip of…
Blog
Bureaucratic Green Chemistry
California bureaucrats recently released their proposed regulations implementing the state’s 2009-passed “green chemistry” law. The law supposedly will make life safer for California residents by…
Blog
Regulation Of The Day 226: Hot Dog Carts
Nathan Duszynski is 13 years old and lives in Holland, Michigan. His stepfather has multiple sclerosis. His mother has epilepsy. Neither is able to work.
Blog
Capitalism In Space
Over at National Review Online today, I have a piece on the current state of play in U.S. human spaceflight. It’s…
Blog
The Case For A Repeal Amendment
If you want different results, you need different rules. Allowing two-thirds majorities of the states to repeal federal laws and regulations is one rule change…
Blog
Teachers Unions Defend Institutional Incompetence
No good deed goes unpunished. Take Mayor Michael Bloomberg’s brave decision to lay off 3,600 employees -- including teachers and principals -- of 24 of New…
Forbes
The Least Sexy But Most Urgent Economic Reform Remains Ignored In The Presidential Campaign
Despite the federal government’s unabated growth, the most significant domestic policy landscape change has been shutting off the the power to the Social Security third…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
85 new regulations, from prairie dogs to corporate jets.
Blog
CEI Podcast For August 2, 2012: Cybersecurity Bill Fails
Today the Senate shot down a controversial cybersecurity bill that Associate Director of Technology Policy Studies Ryan Radia believes would have been a disaster.
Blog
The Great Hollywood Swindle
When is a market not a real market? When it trades in fake goods — products or services that could not exist if government didn’t…
Blog
EPA Attack On Asthmatics Coming To An End?
CEI warned policy makers a couple decades ago that an Environmental Protection Agency (EPA) phase out of over-the-counter sales of CFC containing asthma inhalers…
Blog
Regulation Of The Day 225: Boobie Pillows
Kern County, California's government takes morality very seriously. Chapter 9.12.010 of the County Code states that “No vendor shall vend stuffed articles depicting the female…
Blog
Unruly Lead Paint Rule
The U.S. House of Representatives Committee on Oversight and Government Reform recently released an interesting report on regulatory impediments to job creation. Among the…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
86 new rules last week, covering everything from Florida tomatoes to tug boat races.
Blog
Amendment to Cybersecurity Act Would Deter Federal Government Privacy Abuses
[caption id="attachment_58589" align="alignright" width="150"] Lord Acton's beard absolutely knows that power corrupts[/caption] In the ongoing debate over the Senate’s Cybersecurity Act of 2012 (…
Blog
New Regulations Threaten To Wipe Out Community Banks
The new Basel III capital requirement regulations are supposed to strengthen the international financial system, with their avowed effect being to: improve the banking…
Blog
Bloomberg Soda Ban Blocks Sale of Low-Calorie Drinks
As I’ve written before, Mayor Bloomberg’s big-soda ban is ill-conceived, unjust, invasive, and useless, among other things. As Seth Goldman, the CEO of Honest…
Blog
CEI Podcast for July 24, 2012: Unfunded Mandate Reform
Research Associate David Deerson explains why past efforts to rein in unfunded mandates failed, and why new legislation that Congress is set to vote on…
Blog
Don’t Blame Capitalism for Washington State’s Liquor Privatization “Failure”
There is no alternative way, so far discovered, of improving the lot of the ordinary people that can hold a candle to the productive activities…
Blog
Cut Down On Unfunded Mandates, Part III
In my last post, I discussed the ways in which Rep. Virginia Foxx’s (R-N.C.) Unfunded Mandates Information and Transparency Act (UMITA) updates and improves…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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