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: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
Washington Examiner
It took 410 days to build the Empire State Building. Today, the EPA wouldn’t even pass the blueprint
When Congress gets back from its August recess, bipartisan permitting reform talks are expected to continue. There’s no reason…
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…
Search Posts
Blog
Worst Procedural Abuses of the Obama Era: Net Neutrality
Under the federal Administrative Procedure Act (APA), before an agency may issue a new rule, it must usually publish a notice of proposed rulemaking in…
Blog
Washington Post “Fact Checker” Column Still in Denial over Regulatory Costs
The Washington Post “Fact Checker” column is running its critiques of the Republican convention, and in the process is trying again to rebuff a $15,000…
Blog
Worst Procedural Abuses of the Obama Era: Good Cause, Bad Faith
For the past seven decades, most federal agency actions must comport with the Administrative Procedure Act (APA). The APA lays out the basic processes required…
Blog
Worst Procedural Abuses of the Obama Era: The Series
Inspired by our friends at RegBlog, Open Market is publishing a new blog series this week on pressing issues in administrative law and regulatory policy.
Daily Caller
GOP Platform: It’s Time To Get Rid Of The EPA
The Daily Caller cites the cost of federal regualtions as calculated in Wayne Crews's annual report on the size of the federal regulatory state. …
Charleston Gazette-Mail
Capito attacks coal regulations, Clinton’s emails at RNC
Senator Shelley Moore Capito, in her speech at the Republican National Convention, focuses on the cost of federal regulations citing a figure from Wayne Crews's annual…
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
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- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment