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.
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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)…
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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…
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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…
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This week in ridiculous regulations: flax revenue and female test dummies
President Trump announced reciprocal tariffs. At this point it is uncertain how they would be implemented. Agencies issued new regulations ranging from butterfat testing…
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Agenda for Congress: Regulation
CEI’s new Agenda for Congress is out now. Each chapter contains pro-market policy recommendations in areas where CEI has expertise. Here are four…
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This week in ridiculous regulations: Automatic brakes and horse protection amendments
Sixty-seven people died when a military helicopter and a passenger jet collided near Reagan Airport. President Trump issued an Executive Order to stop all…
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Free the Economy podcast: Trump vs. the Regulatory State with Susan Dudley
In this week’s episode we cover how the feds are forcing your bank to spy on you, a new strategy for…
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Trump sketches out a battle plan on housing affordability
Housing affordability has become a front burner issue, and President Trump spared no time setting out his plan targeting the government regulations and red…
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A game-changing Trump executive order could nuke regulatory dark matter
In the wake of Donald Trump’s flurry of executive actions—including implementing a regulatory freeze, eradicating Biden’s diversity, equity, and inclusion (DEI) policies and staffing,…
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