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: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Search Posts
Reason.com
For Trump And Icahn, Experts Say Regulatory Reform Should Be More Than a Numbers Game
Reason.com discusses regulatory reform under the Trump administration with Wayne Crews and Kent Lassman. To get below the surface, Trump’s team could look…
Washington Times
One Obama executive order that makes sense
The Washington Times discusses regulations from the Obama administration with Wayne Crews. In retrospect, it’s easy to surmise that Mr. Obama’s executive order…
The Hill
Trump plots two-for-one assault on Obama regs
The Hill discusses with Wayne Crews a plan from President-elect Donald Trump that would eliminate two regulations for every new rule issued. It’s unclear…
Blog
Some Advice for Trump Appointees
Your role in the new administration is to propose ways of restoring limited government – by privatization, deregulation, extending property rights, and taking on the…
Blog
Congress Should Target Unaccountable EPA Programs
The newly elected congressional majority should be ready and willing to help implement President elect-Donald Trump’s promise to tackle onerous regulations. But what about so…
National Review
Time to Get Rid of the EPA? Scott Pruitt May Be Just the Guy to Do It
National Review highlights Ryan Young’s estimate of the annual cost of compliance with the EPA’s regulations The EPA’s expansive and ever-expanding regulations impose…
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