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
Free the Economy podcast: Affording the American Dream with Akash Chougule
In this week’s episode we cover what’s making housing so expensive, the common good of the Constitution, and more jawboning…
Blog
The week in regulations: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
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Daily Caller
Agencies Issued 18 Regs For Every Law Congress Passed In 2016
The Daily Caller discusses Wayne Crews’s report comparing the Obama administrations regulations to laws that Congress passed in 2016. Executive branch agencies under…
Letters
CEI Joins Coalition Letter on Midnight Litigation
View full document as PDF Dear Vice President-Elect Pence: It has come to our attention that a number of Departments and independent…
The Hill
Pruitt’s confirmation as EPA chief essential to restoring balance of power
The Hill highlights Wayne Crews’s calculated cost of regulations. Regulatory overreach is not a new threat to the constitutional separation of powers and…
Blog
This Week in Ridiculous Regulations
As the Obama administration heads into its home stretch, agencies passed new rules ranging from gloves to canned vegetables.
Blog
Five New Year’s Resolutions for a New Administration
Now is the perfect time for members of the incoming Trump administration to reflect on where America is and set policy goals for the coming…
The Hill
New President, New (Anti-)Red Tape Agenda
Federal regulators issue thousands of regulations every year. Decrees range from the Environmental Protection Agency’s gargantuan Clean Power Plan and “Waters of the United States”…
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