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
Government’s Chinatown Bus Shutdowns Based on “Statistical Malpractice”
Reason’s Jim Epstein has an article up that does a nice job debunking a National Transportation Safety Board study, prompted by a 2011…
Blog
First Amendment Menace: Obama Administration to Expand Americans with Disabilities Act over Websites?
Can websites be forced to change to accommodate the disabled -- by using "simpler language" to appeal to the "intellectually disabled," or by making…
Blog
How Online “Marketplace Fairness Act” Could Tax Your 401(k)
Today, the Senate likely will pass the Marketplace Fairness Act, which would force online retailers to collect sales taxes for states in which purchasers reside. Most have heard how this…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
62 new regulations, from the federal flood insurance to California olives.
Blog
CEI Podcast For May 2, 2013: Small Business Owners Sue Over IRS Obamacare Power Grab
Small business owners and individuals in six states, with help from CEI, are suing the IRS over what General Counsel Sam Kazman calls a flagrantly…
Blog
The Costs Of Union Shareholder Activism
Is shareholder activism a good or a bad thing? That depends on what any given resolution seeks to improve the company's performance, and thereby increase…
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