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: FAA ethics and Postal Service justice
Social Security will go bust in 2033. War with Iran is a real possibility. The Federal Reserve held interest rates steady, as expected. It is…

Blog
Free the Economy podcast: The Reagan legacy in the 21st century with Dan Rothschild
In this week’s episode we cover FreedomFest 2025, the FDA’s war on effective sunblock, good news about critical minerals, and Walmart’s…

Blog
The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…
Search Posts
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,…
Blog
This Week in Ridiculous Regulations
Another droll week on the regulatory front, with new rules ranging from UHF television to restaurant menus.
News Release
April Jobs Report Still Falls Short, Regulatory Reform Needed
The jobs report for April, 2017 shows decent but not spectacular progress, says the Competitive Enterprise Institute’s Iain Murray. Though the economy added 211,000 jobs in April…
The Fiscal Times
How Congress Could Make Steve Bannon’s Wildest Dream Come True
The Fiscal Times discuses regulatory reform barriers that the administration faces with Wayne Crews. But as Wayne Crews of the right-wing Competitive Enterprise…
Washington Times
Pulling the Administrative State off Autopilot
Reducing burdensome regulations could unleash the full potential of America This past weekend marked President Trump’s 100th day in office. While tax cuts and health…
Blog
Celebrate National Small Business Week
There is no better way to celebrate National Small Business Week than for the Trump administration to rollback red tape that discourages business formation and…
New York Times
Fact-Checking President Trump Through His First 100 Days
The New York Times reports on President Trump highlighting CEI’s estimated cost of regulation from Wayne Crews’ annual Ten Thousand Commandments report. During…
Forbes
New Trump Executive Order Seeks To Boost Agriculture And Rural America
“My farmer died.” —Punchline to the old joke about why a USDA employee is weeping at his desk The ratio of number of farmers…
Blog
This Week in Ridiculous Regulations
While most of the week’s new final regulations are either routine or procedural, they still range from rural phone calls to airplane batteries.
National Review
Trump’s 100 Days Have Made a Good Start on Regulation
National Review highlights Wayne Crews’ calculated cost of regulation from his annual Ten Thousand Commandments report. While a regulatory improvement commission would help…
Forbes
New Trump Executive Orders Spotlight Interior And Education ‘Regulatory Dark Matter’
Executive orders and proclamations expanding the scope of Washington over the nation’s business characterized much of the Barack Obama presidency. The former president himself–not just…
Blog
Reviewing Trump’s First 100 Days
This Saturday, April 29th, marks President Trump’s 100th day in office, which offers us the opportunity to reflect on what his administration has accomplished so…
News Release
CEI Calls USA Act an “Important Step” to Restoring Separation of Powers
The Competitive Enterprise Institute supports the Unauthorized Spending Accountability (USA) Act of 2017, aimed at reducing and bringing transparency to executive branch spending. Ryan Young,…
Blog
This Week in Ridiculous Regulations
The Federal Register continues its slow march to the 20,000-page mark, but is still on pace for lowest page total since 1993.
Forbes
The Only Way Trump’s Washington Can Be Smaller In Four Years
There are now several moving and overlapping parts to President Donald Trump’s streamlining, swamp-draining, “deconstruction of the administrative state” agenda. Last week brought Office…
Blog
This Week in Ridiculous Regulations
The 2017 Federal Register had another sub-thousand page week, though it is still already more than 18,000 pages long.
Blog
In Wake of United Debacle, Give Airlines – and Travelers – More Flexibility
Most of the time it’s actually government policies that end up ruining a traveler’s day.
Blog
This Week in Ridiculous Regulations
Things remain slow on the regulatory front, with a large chunk of new rules being routine safety-zone and drawbridge scheduling regulations from the Coast Guard.
Blog
National Security Is No Argument against Regulatory Reform
On the Lawfare blog, Professor Ganesh Sitaraman of Vanderbilt Law School and the Center for American Progress offers an argument about regulatory reform that…
Blog
This Week in Ridiculous Regulations
There were 63 final regulations and 28 proposed regulations last week, but again, few of them amounted to much. We’ll have more to say on…
Blog
FTC Launches Economic Liberty Task Force to Fight Overregulation
Federal agencies have a well-deserved reputation for issuing regulations, publishing guidance documents, and bringing enforcement actions against American businesses. But when the stars align, agencies…
Newsmax
‘It’s About Bloody Time’ Someone Cuts Excessive Government Regulation
Newsmax highlights the cost of regulation from Wayne Crews’s Ten Thousand Commandments report. The Competitive Enterprise Institute estimates that the total cost of…
The Hill
Obama FCC’s ‘privacy’ rules were a sham
The Hill highlights CEI’s calculation of the Federal Communication Commission’s 2015 regulatory costs. The FCC is no poster child for efficiency for that…
Blog
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…
Blog
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…
Blog
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,…
Blog
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.
Fortune
Regulations Cost U.S. Business More Than Canada’s GDP
President Donald Trump’s administration has been busy issuing a flurry of executive orders intended to reduce regulatory burdens on businesses that keep them from adding…
Blog
A Blueprint for Reforming the Federal Government
This is a big week for reform of the federal government: yesterday, President Trump signed an executive order on reorganizing the executive branch, and this…
News Release
Mapping Washington’s Lawlessness: CEI Releases Updated Inventory of “Regulatory Dark Matter”
Today, the Competitive Enterprise (CEI) released the 2017 update to its comprehensive report Mapping Washington’s Lawlessness: An Inventory of “Regulatory Dark Matter.” This analysis covers…
Forbes
Here’s What Donald Trump And Congress Should Do About Regulatory Dark Matter
It’s becoming too easy for federal agencies to steer private activity without issuing “real” regulations anymore. Instead, we get regulatory dark matter — particularly…
The Wall Street Journal
Trump vs. The Blizzard
The Wall Street Journal cites Wayne Crews’ latest study on Regulatory Dark Matter: He will need every bit of political skill…
The Daily Caller
Agencies Use Regulatory ‘Dark Matter’ To Skirt Trump’s Reforms
The Daily Caller discusses regulatory “Dark Matter” under the new Trump Administration Federal regulatory orders include presidential and agency memoranda, guidance documents, bulletins…
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.
Blog
On Tour with U.S. Chamber’s ‘Let’s Grow’ Campaign
While the policy landscape is far from perfect, we have the best opportunity in a long time to clear the field for growth and prosperity…
Blog
New York’s “BitLicense” on Trial
A lawsuit again New York's “BitLicense” regulation is challenging the state's targeting of Bitcoin-based businesses.
Blog
Making the Case for a Free Market in Space
For commercialized space (and alas, for other sectors) we need a regulatory heatshield, a HOT Act (“Hands Off Technology”).
Blog
This Week in Ridiculous Regulations
As the regulatory freeze marches on, most new regulations coming out are garden-variety FAA airworthiness directives and Coast Guard drawbridge and safety zone rules.
Washington Post
The administrative state is huge, and it’s only getting bigger
The Washington Post highlights Wayne Crews’s research on the federal regulatory state. Just what White House chief strategist Stephen K. Bannon meant when…
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