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
How a New President Can Roll Back Bureaucracy, Part 6: Enhance Disclosure in ‘Unified Agenda’
There are rules, and then there are rules. Agencies are supposed to alert the public to their priorities in the semi-annual “Regulatory Plan and Unified…
Washington Post
How Trump would stimulate the U.S. economy
The Washington Post highlights Wayne Crews's calculated cost of federal regulations from his anual Ten Thousand Commandments report. Beyond trade, America’s Gulliver economy…
Blog
How a New President Can Roll Back Bureaucracy, Part 5: Scrutinize Informal ‘Guidance’ Documents
When a new president scrutinizes agency rules as we have called for in this series, he or she also needs to bring “guidance documents” under…
Blog
Response to Prof. Aaron Nielson on ‘Auer Deference’
As I’ve discussed before, there is a robust ongoing debate over the propriety of Article III courts giving binding respect to a regulatory agency’s interpretations…
The Houstonian
$3500 Lemonade Stand: How Government Regulation Stifles Entrepreneurialism
The Houstonian highlights Wayne Crews's annual report on the cost of federal regulations. Regulatory barriers to trade – not only on the federal…
Blog
How A New President Can Roll Back Bureaucracy, Part 4: Expand Number of Rules Receiving Cost Analysis
The Office of Management and Budget conducts review of some significant or major rules’ cost-benefit analyses, but not quite as many or as deeply as…
Blog
This Week in Ridiculous Regulations
Agencies issued 78 new regulations last week, ranging from cherries to dairy.
Blog
How a New President Can Roll Back Bureaucracy, Part 3: Review, Revise, Repeal, and Sunset
Short of the moratorium advocated at the top of this series, and in keeping with the spirit of executive orders and retrospective reviews that agencies…
Blog
Appreciate Checks and Balances on Constitution Day
This Constitution Day marks 229 years since the Framers signed the U.S. Constitution following more than four months of debate, votes, and revisions in Philadelphia.
Forbes
Why Future Federal Communications Commission Oversight Hearings Should Explore Sunsetting the Agency
There’s another Federal Communications Commission (FCC) oversight hearing underway in the Senate Commerce Committee, with most of the time being spent on doings with…
Blog
How a New President Can Roll Back Bureaucracy, Part 2: Boost Resources and Free Market Staff
If we must take the central, top-down administrative state as a given—and it seems that for the time being the Constitution is not coming to…
News Release
CEI Supports Regulatory Integrity Act
This week, the U.S. House of Representatives is slated to vote on H.R. 5226, the Regulatory Integrity Act, introduced by Congressman Tim Walberg (R-Mich.). The…
Blog
How a New President Can Roll Back Bureaucracy, Part 1: Freeze Regulations Temporarily
In today’s economy, talk about regulatory liberalization has become a bit more bipartisan.
Blog
This Week in Ridiculous Regulations
Despite a Labor Day-shortened work week, agencies still found time to issue regulations from soap to whales.
Blog
Rewards and Risks of a Federal Regulatory Budget (Part 6)
By shedding light on comparative agency activity, budgeting and simultaneous improved congressional oversight could counter agency overreach.
Blog
This Week in Ridiculous Regulations
The 2016 Federal Register broke the 60,000-page mark last week, and became the 25th-largest edition in the Register’s 81-year history before Labor Day.
Blog
RealClear Radio Hour: American Indian, EpiPen, and Free Speech Fiascos
In this episode of RealClear Radio Hour, we discuss the fiascos of government overreach and overregulation—on American Indian reservations, in the EpiPen saga, and with…
Blog
Rewards and Risks of a Federal Regulatory Budget (Part 5)
Benefits, even more so than costs do not lend themselves to measurement by a third party or external observer, and abuse will result from the…
Blog
Rewards and Risks of a Federal Regulatory Budget (Part 4)
This week I began by making the case for the idea of a regulatory cost budget but wanted to spend time exploring looming pitfalls and…
Blog
Rewards and Risks of a Federal Regulatory Budget (Part 3)
Monday in this space, I advocated the idea of a regulatory cost budget but noted there exist looming pitfalls and political traps that could derail…
Blog
Rewards and Risks of a Federal Regulatory Budget (Part 2)
I advocate the idea of a regulatory cost budget but note that there exists looming pitfalls and political traps that could derail it or easily…
Blog
Rewards and Risks of a Federal Regulatory Budget (Part 1)
Our case for capping and “budgeting” regulatory costs across federal agencies opens by asserting that that, perhaps apart from certain raw compliance and paperwork burdens,…
Blog
This Week in Ridiculous Regulations
In one of their busiest weeks to date, agencies passed more than a hundred new regulations covering everything from rubies to frogs.
Daily Caller
Obama Finalized $100 BILLION Worth Of New Regulations This Year
The Daily Caller discusses the hidden costs of federal regualtions with Wayne Crews. A report by the free market Competitive Enterprise Institute (CEI)…
Forbes
The Federal Communications Commission Should Take A Selfie
There are either dozens of federal agencies or hundreds, depending, seemingly, upon the day of the week or whom one asks. The Federal Communications…
Huffington Post
Unfair Policies Drive Up Home Prices
In an article for CNN, Democrat vice presidential candidate Tim Kaine outlines his and Hillary Clinton’s plan to promote fair housing – indeed a…
Blog
Can a New President Cut Regulations Unilaterally?
Both presidential candidates have delivered economic speeches over the past two weeks, and both have at least given a nod to red tape and the…
Blog
This Week in Ridiculous Regulations
Friday’s Federal Register was one of the year’s biggest, with 74 agency notices, 4 proposed regulations and 15 final regulations spanning 1,119 pages.
Forbes
How The Next President Can Use Executive Power To Jumpstart Economic Growth On Day One (Part 2)
The Federal Register contained over 7,700 rules and regulations among an all-time-record 73,000 pages the year President Reagan was elected. One response was his Executive…
Forbes
How The Next President Can Use Executive Power To Jumpstart Economic Growth On Day One (Part 1)
After what will have been eight years of debate over executive overreach and Barack Obama’s “pen and phone,” and it will be time for…
Blog
This Week in Ridiculous Regulations
88 new regulations last week, from poultry improvement to nuclear philosophy.
Reason
The Economic Stimulus Perplex: Could Regulation Be the Problem?
Reason cites the calculated cost of federal regulations from Wayne Crews's annual Ten Thousand Commandments report. Perhaps the answer to what ails the…
Daily Signal
Congress Waits for Obama’s Final Regulatory Costs Report, Later Than Usual
The Daily Signal discusses the need for a regulatory budget with Wayne Crews. “The reason this matters to the general public is that we…
Blog
Celebrating Two Great Economists: Bruce Yandle and Julian Simon
I’d like to second my colleague Fred’s birthday wishes for the distinguished economist Bruce Yandle of Clemson University.
Blog
Next Administration Will Have to Try Harder on Regulatory Moratorium
In a speech yesterday to the Detroit Economic Club, Donald Trump proposed a moratorium on new federal regulations.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Congress is on its August recess, but agencies stayed busy with more than 2,000 Federal Register pages, 51 proposed regulations, and nearly 100 final regulations…
Blog
Tepid Economic Performance Argues for Cutting Government Red Tape
How is the economy doing? It’s a mixed picture.
Washington Times
Jump-starting America
The Washington Times cites the calculated cost of federal regulations from Wayne Crews's annual Ten Thousand Commandments report. Mr. Trump proposes a temporary…
Forbes
Here’s What Happened The Last Time We Tried Donald Trump’s Moratorium On Regulations
In Donald Trump’s Detroit economic speech and in his “An America First Economic Plan: Winning The Global Competition,” he said: "Upon taking…
Blog
EPA’s Missed Deadlines Causing Widespread Dysfunction
Yesterday I published a study that reviews EPA’s performance for more than 1,000 Clean Air Act deadlines. Here’s the big takeaway: the agency missed 84…
Washington Examiner
The White House is crippling our economy
Congressman Tom Price writes for Washington Examiner and highlights the cost of government red tape as calculated in Wayne Crews's annual report on the size of federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The 2016 Federal Register broke the 50,000-page mark on Friday, and remains on a record pace. New regulations for the week ranged from cement to…
Reason Magazine
Regulations Make Americans $4 Trillion Poorer
Reason Magazine reports on the costs of regulation as published in Wayne Crews's annual study on the size of federal regulation. The compliance…
Blog
Federal Register Tops 50,000 Pages, Yet Obama’s Report to Congress Is MIA
The annual Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities is quite overdue.
Blog
Can the Ideas in the RNC Platform Help Reform Regulation?
Lord knows. But the Republican Party’s new platform which contains planks on such pressing issues as “Protection Against an Electromagnetic Pulse (p. 54),” also has…
Forbes
Unfunded Mandates On The States Rising Again
Fifteen Republican Attorneys General just wrote to House and Senate leadership, concerned about agencies “failing to fully consider the effect of their regulations on…
Forbes
Rick Perry: Black Lives Matter — And So Does Black Liberty
Texas Governor Rick Perry uses Wayne Crews's estimated cost of federal regulations in a speech at American Legislative Exchange Council's annual meeting. Governor Perry's speech was…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The big story of the week was the new proposed payday lending regulation, which ate up 356 pages of Friday’s 625-page Federal Register.
CNBC
Supporting Trump over Clinton is a no-brainer
CNBC cites CEI's calculation of the cost of federal regulations as published in Wayne Crews's annual report on regulation. Politicized government agencies have engaged…
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…
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