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
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
Blog
Don’t expect the administrative state to disarm itself
Last week, I read two articles in the summer 2026 edition of the Cato Institute’s Regulation magazine: “Defanging the FCC” by Paul Matzko…
Blog
The week in regulations: Razorback suckers and conflict of interest requirements
Congress is considering honoring the late Sen. Lindsey Graham (R-SC) by passing a counterproductive Russia sanctions and tariffs bill. Inflation numbers for June…
Search Posts
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…
Study
Channeling Reagan by Executive Order
How the Next President Can Begin Rolling Back the Obama Regulation Rampage…
Blog
Primer on the Separation of Powers Restoration Act
The House today will vote on H.R. 4768, the Separation of Powers Restoration Act (SOPRA). This bill would direct courts to stop giving controlling respect…
The Hill
Big Brother? How SOPRA can help restore proper authority
The Internet as we know it may soon become unrecognizable. That’s because the freewheeling “network of networks” soon will be regulated by bureaucrats. The D.C.
Blog
House Judiciary Subcommittee Assesses OMB Review of Federal Regulations
Last week on July 6, the U.S. House of Representatives Judiciary Committee’s Sub-Committee Subcommittee on Regulatory Reform, Commercial and Antitrust Law conducted a hearing on…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week due to the Fourth of July holiday, but agencies still managed to issue new rules covering everything from stormwater…
Forbes
Here’s How Financial And Other Regulators Are Issuing Rules Without Writing Them
At the end of June I testified in a U.S. Senate Homeland Security Regulatory oversight subcommittee hearing on Examining the Use of Agency Regulatory…
Blog
Testimony on Regulatory Budgeting before the House Budget Committee
Today, the U.S. House of Representatives Budget Committee conducted a hearing on An Introduction to Regulatory Budgeting, and I was invited to testify by Chairman…
Blog
My One Agreement with Sen. Warren: Federal Rulemaking Should Be Transparent
In my two previous posts, I picked apart Sen. Elizabeth Warren’s allegation that notice and comment rulemakings are unfairly tilted in the favor of regulated…
Blog
More Wrongheadedness from Sen. Warren on Notice and Comment Rulemakings
Under the Administrative Procedure Act, federal agencies are required to undertake certain procedures when they promulgate rules of general applicability.
Blog
Sen. Warren’s Baseless Criticism of Notice and Comment Rulemaking
In a recent blog post about “regulatory capture,” Sen. Elizabeth Warren claimed that notice and comment rulemaking is unduly biased towards regulated parties.
Politico
Congress is back!
Politico's Morning Energy mentions Wayne Crews's report on a federal regulatory budget. The House has all the committee action on the energy front,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Maybe the recently-passed Congressional Review Act deadline we wrote about earlier hasn’t had much effect on midnight regulators.
Blog
Senate Gazes at Regulatory Dark Matter
The Senate Subcommittee on Regulatory Affairs and Federal Management held a hearing yesterday, Examining the Use of Agency Regulatory Guidance, Part II, featuring testimony from…
Blog
Toward a Regulatory Budget
How much should the U.S. government spend on defense? How much on health care? Or energy, or technology?…
Newsmax
What We Can Learn From Britain’s Exit
Newsmax discusses Wayne Crews's annual report on the size and cost of federal regulations. Some regulations make sense. Most libertarians could accept the…
Blog
Will the Sharing Economy Give Us Greater Economic Mobility?
Last night the R Street Institute sponsored a fascinating policy panel here in Washington, D.C., “Boost or Barrier? Upward mobility in the on-demand economy.”…
Blog
Examining Agency (Over)Use of Regulatory Guidance Documents
Today the U.S. Senate Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management conducted a hearing on "Examining the Use of Agency…
The New York Times
Costs of Regulations
To the Editor: You criticize our study of federal agencies, “Ten Thousand Commandments,” for analyzing the costs of regulations without adjusting for their alleged benefits…
Blog
Bill Frezza Wins Economic Writing Prize
Bill Frezza, host of RealClear Radio Hour and CEI fellow, was awarded the Foundation for Economic Education’s 2016 Beth Hoffman prize for economic writing for…
The Hill
Business report: Regulate the regulators
The Hill reports on Wayne Crews's report on calculating the true cost of government with a regulatory budget. The conservative Competitive Enterprise Institute (CEI)…
Study
Toward a Federal Regulatory Budget
The Pitfalls in Quantifying Regulatory Costs and How to Avoid Them…
Blog
RealClear Radio Hour: Innovation Economy & State Fiscal Breakdown
This week on RealClear Radio Hour, guests Garrett Johnson and Eileen Norcross explain the importance of developing a more technologically nimble and fiscally responsible government.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The 2016 Federal Register surpassed 40,000 pages last week, with new rules ranging from lights on farm equipment to grading raisins.
E&E News
Panel features critic of ‘regulatory dark matter’
E&E News reports on Wayne Crews testifying on federal agencies regulating through guidance documents before a Senate subcommittee. The conservative scholar who writes the…
News Release
Federal Regulatory Budget Is Worth the Effort
Today, the Competitive Enterprise Institute released Toward a Federal Regulatory Budget, a paper that examines why and how Congress must take a more proactive…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The 2016 Federal Register will surpass 40,000 pages next week, and is on pace to exceed 85,000 pages for the first time in its 80-year…
Blog
Building on the Optimism of “Uber-Positive” Attitudes
There’s a new resource for understanding the state of play between politics and developments in the sharing economy, the pleasantly slim volume by the Manhattan…
Daily Caller
Upholding Net Neutrality Will Put Us Back In The Slow Lane
The Daily Caller reports on the cost of federal regulations with Wayne Crews. This is but one recent example of the unintended consequences…
Blog
Why Shouldn’t the Energy Department Run the Entire Economy?
New Energy Department standards for dehumidifiers promise massive benefits. Depending on which set of numbers you prefer (the link goes to the Energy Department’s own…
Blog
New Options for Regulatory Reform from Speaker Ryan
We here at the Competitive Enterprise Institute appreciate the release of the new report by the Task Force on Reducing Regulatory Burdens, issued as part…
Blog
Speaker Ryan’s Deregulatory Report: Clamp Down on Federal Labor Agencies’ Overreach
Today, House Speaker Paul Ryan (R-Wisc.) released his plan for how to modernize our federal regulatory system in order to jumpstart the economy. This is…
Fox News
America desperately needs relief from regulations. Ryan’s plan is a good place to start
Fox News references Wayne Crews's annual report on the size and cost of federal regulations. Regulations are the silent killer. In its most…
Blog
Export-Import Bank Drama Continues
The Senate’s main business right now is the annual Defense Appropriations bill. The Export-Import Bank, or Ex-Im for short, might become part of that bill.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The number of new regulations for the year exceeded the 1,500 mark last week, with new rules covering everything from seatbelts to suckerfish. On to the…
Blog
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…
Daily Caller
Feds Publish Over 2,000 Pages Of New Regs In ONE WEEK
The Daily Caller discusses new rules published in the Federal Register with Ryan Young. The Obama administration has been busy implementing what remains…
Blog
Inequality: Policies That Work, and Policies That Don’t
CEI recently released a pair of papers by Iain Murray and me about economic inequality. The first encourages activists to ask the right questions: think…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Congressional Review Act deadline for the possible midnight regulation rush has now likely passed, though the Federal Register once again topped 2,000 pages last week. That…
Blog
Federal Regulations Affecting Small Business
It is often said that there is no such thing as a free lunch, something particularly true for the small businessperson. The “Small Business…
Cato Unbound
On the Administrative State’s Illegitimacy
"Who is better than overreaching bureaucrats to decide when the bureaucrats are overreaching?” That was one respondent’s characterization of the mindset that provoked the recently…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As mentioned earlier, something of a regulatory midnight rush is happening right now. The Federal Register topped 2,000 pages for the third time in four weeks—a rare…
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