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
The Federal Register Topped 70,000 Pages Today
The Federal Register, where federal agencies’ daily rules, regulations, notices, “guidance,” bulletins and other material accumulate each day, just topped 70,000 pages for 2014. 70,052…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a bit of a slow week as these things go, but regulators still published new rules on everything from stress testing to sage…
Forbes
Big Sexy Holiday Fun With The 2014 Unified Agenda Of Federal Regulations
The fall Unified Agenda of Federal Regulatory and Deregulatory Actions always seems to appear just before the Holidays. You know, when nobody’s really looking. The…
Blog
President Obama’s Executive Overreach Compounded by Regulatory Dark Matter
In recent years the Federal Register has topped out at well over 70,000 pages, two times at more than 80,000. Each year over 3,500 rules issue from…
Forbes
U.S. Senate Keystone Pipeline Defeat Shows The Hazards Of Over-regulation
The meek shall inherit the Earth, but not its mineral rights. …
Study
Top 5 Things Congress Should Consider During Lame-Duck Session
View the document here During Congress’ lame-duck session, both Republicans and Democrats will dig into a number of stalled pieces of legislation…
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