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
News Release
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Blog
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Search Posts
Blog
How a New President Can Roll Back Bureaucracy, Part 12: Acknowledge and Minimize Indirect Costs
This is the 12th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the role…
Blog
How a New President Can Roll Back Bureaucracy, Part 10: Account Separately for Economic, Health and Safety, and Environmental Regulations
This is the 10th entry in a series on how the next president can reduce bureaucracy. Earlier installments have addressed a freeze on rulemaking, the role…
Blog
This Week in Ridiculous Regulations
It was a busy week, with Friday’s Federal Register alone containing 52 final regulations and 809 pages.
USA Today
Short-term government built short-term capitalism: John Allison
USA Today highlights Wayne Crews's calculated costs of federal regulations from his annual report. Not to be outdone, President Obama has overseen the…
The Hill
The poor suffer most from runaway regulation
The Hill cites Wayne Crews's calculated cost of federal regulation from his annual Ten Thousand Commandments report. Regulatory costs, which inevitably are passed…
InsideSources
A New President Needs a New Red Tape Agenda
Federal regulators issue thousands of rules and regulations every year. Decrees range from the Environmental Protection Agency’s gargantuan Clean Power Plan and “Waters of the…
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