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: Deepwater port licenses and nuclear credit ratings
Voters made known their feelings about tariffs, gas prices, and corruption. The FAA announced that it still uses floppy disks for air traffic control…
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…
Search Posts
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…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
New regulations from the past week cover everything from Namibian meat to California raisins.
Blog
The Next President Should Learn from Reagan’s Legacy on Government Reform
My colleague Wayne Crews has a fascinating policy brief out this week, “Channeling Reagan by Executive Order: How the Next President Can Begin Rolling Back…
News Release
Urgent Priority for Next President: Executive Order Limiting Regulation
As the Democrat and Republican parties debate priority issues for their party policy platforms, they have a unique opportunity to strike at out-of-control regulations. A…
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