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.
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The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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RealClear Radio Hour: Common Sense Economics
At CEI’s 2016 annual dinner—A Night in Casablanca!—in DC, I caught up with three interesting gentlemen for a dose of common sense economics.
Washington Examiner
Fighting Back Against Obama’s Regulatory Regime
The Washington Examiner mentions CEI's calculation of the cost of federal regulations. It's hard to find anything much more detrimental to economic growth…
Law 360
GOP’s Swing At Dodd-Frank Could Give Banks Edge In Court
Law 360 discusses eliminating the Cheveron deference with William Yeatman. Backers of such moves say there are both principled as well as political…
Blog
Controlling Federal Agency Guidance Documents: A To-Do List for Congress and Reformers
When I wrote about the proliferation of federal agency guidance documents and other regulatory “dark matter” that skirts Congressional oversight and even normal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Last week’s Federal Register fell short of 2,000 pages, mainly because it was a four-day work week due the Memorial Day holiday. While the Federal…
Cato Unbound
The Administrative State Lacks Its Own Justification: Expertise
Legitimacy notwithstanding, we tend to discuss the administrative state as if it is a functioning expert entity, taking expertise in its divisions for granted. But…
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Clyde Wayne Crews
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Ryan Young
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Fred L. Smith, Jr.
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