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
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Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Search Posts
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FTC Likely to Approve Office Depot, Office Max Merger
According to news sources, the Federal Trade Commission is likely to approve the merger of Office Depot and OfficeMax, the second- and third-largest office…
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CEI’s Battered Business Bureau: The Week in Regulation
Shutdown edition: 3 new regulations. Two Coast Guard safety zones and a catch limit for herring.
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Loosened Laws in New Jersey Result in Brewery Boom
Only a year after New Jersey Governor Chris Christie signed a bill into law that would allow breweries in the garden state to sell beer…
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CEI Podcast for October 17, 2013: Supreme Court to Review EPA Carbon Emission Regulation Lawsuit
CEI is a co-petitioner in the case.
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More than a Third of House Dems Oppose Obama’s American-US Airways Merger Lawsuit; What Real Pro-Competition Policy Looks Like
Bipartisan opposition to the Obama administration’s reckless assault on the pending merger of American Airlines and US Airways is growing. While the end of the…
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The Shutdown Is Over: What Now for Regulation?
The next day or two will also be slow ones for the Federal Register. But then there will be a flood of new rules as…
Citation
Regulatory overreach is the new normal
The Federal Register lists proposed and final rules, notices, corrections and presidential documents. According to the Competitive Enterprise Institute, the 1939 Federal Register was 2,620…
Citation
Regulating The Citizenry: What Really Happened During The Partial Government Shutdown
During the partial government shutdown, other agencies were also busy regulating the American people. As the Competitive Enterprise Institute reports, the federal government set…
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How Is the Shutdown Affecting Regulation?
Short answer: not much. Over at the Daily Caller, I go over some data from this shutdown, as well as the two Gingrich-Clinton showdowns.
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CEI’s Battered Business Bureau: The Week in Regulation
Shutdown edition: 6 new regulations, from Basel III to bridge repair.
Daily Caller
How the shutdown is impacting regulation
For the seventeenth time since current budgeting rules were adopted in 1976, the federal government is shut down. Seventeen years of relative peace have devolved…
Daily Caller
Regulatory scrutiny must be part of a deal
We all know how this is going to end. A deal will be made. Both sides will claim victory. Their bases will claim they sold…
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CEI’s Battered Business Bureau: The Week in Regulation
113 new regulations, from drawbridge schedules to viticultural areas.
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Twitter IPO a Vindication of Bipartisan JOBS Act
Almost two years ago, I wrote a Wall Street Journal op-ed entitled, "Making It Legal to Tweet for Investors." In the op-ed, I described bipartisan bills…
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Regulators and Justice
The federal government cajoled JP Morgan into acquiring Bear Stearns. Now they are punishing JP Morgan for crimes allegedly committed by Bear Stearns prior to…
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Regulatory Transparency Is Decidedly Lacking
The Office of Management and Budget reviewed a grand total of 47 regulations last year, or a little more than 1 percent of the total.
Washington Times
The real cost of federal regulations
When the news broke that the National Security Agency has been monitoring Americans’ communications, the Obama administration was reluctant to discuss if it…
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Obamacare Quadruples Rates for Some, Subsidizes Some Wealthy Who Retired Early
Due to Obamacare, North Carolina "will see individual-market" health insurance rates "triple for women, and quadruple for men." In Tennessee, Obamacare will…
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Green Policies Translate Into Less Food, Higher Prices
Thanks to misguided bureaucracy and fear mongering from environmental activists, myriad valuable products are disappearing from the marketplace. Walmart, Proctor & Gamble, and…
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CEI’s Battered Business Bureau: The Week in Regulation
80 new regulations, from bird hunting to fluted kidneyshells.
Washington Times
Sunday pops
But Competitive Enterprise Institute numbers crunchers easily identified billions upon billions of dollars of the fattest of fat. But, then again, it’s pretty difficult to…
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Environmental Regulations Threaten Refining Sector Jobs
I had the privilege of meeting with Charlie Drevna, President of American Fuel and Petrochemical Manufacturers this week. He had some extremely interesting things to…
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Don’t Nudge On Me
In a recent New York Times column, David Brooks describes American culture as “mentally lazy.” Overcoming that, he argues, requires a dose of what he calls…
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Labor Department Imposes Disability Hiring Quotas, Even in Divisions that Don’t Get Federal Contracts
The Obama Labor Department has just finalized rules that will effectively require businesses that get federal contracts to adopt a 7 percent hiring quota for the…
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The Regulatory Improvement Commission
Senators Angus King (I-Me.) and Roy Blunt (R-Mo.) are introducing a bill that would create just such a commission. Over at The American Spectator, Wayne…
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CEI’s Battered Business Bureau: The Week in Regulation
76 new regulations, from pet stores to food containers.
The American Spectator
The Regulatory Improvement Commission
There are regulations for everything from restaurant menus to walk-in freezers’ energy efficiency. Almost no one denies that the nation’s economy is saddled with some…
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CEI Podcast for September 20, 2013: The EPA’s Latest Attempt to Ban Coal
A proposed rule issued today by the EPA would effectively ban new coal-fired power plants from being built. According to William Yeatman, Assistant Director of…
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Executive Branch Review of Federal Regulations — Still Highly Incomplete
In the 2014 fiscal budget proposal, the White House praised regulation of auto safety, energy efficiency and credit cards, and claimed, "…
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Ignoring the Government’s Role in the Financial Crisis, Five Years Later
When it comes to reporting on the 2008 financial crisis, many journalists are experts at ignoring the elephant in the room: the government's role in…
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More Harm from “Disparate Impact” Regulations
Earlier, we wrote about the Obama administration’s attempt to inject a race-conscious “disparate impact” provision into colorblind anti-discrimination laws like the Fair Housing Act,…
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Mississippi Should Tell CFPB to “Stop Spying on Me”
The federal Consumer Financial Protection Bureau is coming to Mississippi Wednesday and Thursday with a public forum on "access to information." A vital question for Mississippians to…
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Congress to Mark Up Small Business Regulatory Flexibility Bill
The Regulatory Flexibility Act directs federal agencies to assess the effects of their rules on small businesses. How’s that going? A new book…
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CEI’s Battered Business Bureau: The Week in Regulation
61 new regulations, from banned avocados to sweet corn insurance.
Forbes
Obama Addresses Economy And ‘The Financial Crisis Five Years Later’
Today and this week, President Obama will address The Financial Crisis: Five Years Later in an effort shift attention back to domestic economic…
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CEI Opposes Risky, Race-Conscious Federal Lending Requirements in Supreme Court Case
“Disparate impact” is a term in anti-discrimination law for when a neutral policy happens to affect minorities more than whites. One example is a standardized…
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Green Market Pressure Takes Toll on Consumer Choice
When environmentalists don’t have the political power to regulate away consumer choice, they sometimes can get industry to do the job for them. Most recently,…
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Update on American Airlines-US Airways Merger: Judge Approves American’s Bankruptcy Plan
Today, Judge Sean Lane of the U.S. Bankruptcy Court for the Southern District of New York approved American Airlines’s reorganization plan to exit bankruptcy protection,…
Forbes
Slow-Growth Policies Fuel Income Gap
The Competitive Enterprise Institute pegs the annual cost of environmental and other federal regulation at $1.8 trillion. A study cited by the U.S. Chamber of…
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Paul and Udall Push Bipartisan Credit Union Business Lending Regulatory Reform
Today, the Credit Union National Association (CUNA) is launching its "Don't Tax Tuesday" in which credit unions and their supporters tweet members of Congress…
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Before Net Neutrality Eats the World (Part 15): Can We Please End This. Please.
Today, Monday, September 9, 2013, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge…
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CEI’s Battered Business Bureau: The Week in Regulation
58 new regulations, from foreign tax credits to growing dates in Riverside County, California.
Blog
Before Net Neutrality Eats the World (Part 14): What Should Congress Do?
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Before Net Neutrality Eats the World (Part 13): What FCC Should Do Now
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Before Net Neutrality Eats the World (Part 12): Why Net Neutrality Threatens Homeland Security and Cybersecurity
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Scholars React to President’s Call to Shrink Law School from Three Years to Two
We earlier discussed (and agreed with) President Obama’s suggestion that law schools cut their length of study to two years from the current three…
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Before Net Neutrality Eats the World (Part 11): The Inappropriateness of Compulsory Transparency
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
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Ronald Coase, Nobel Prize-Winning Economist, Dies at 102; CEI Releases Interview Footage From 2004
Ronald Coase, the University of Chicago economist who won the 1991 Nobel “for his discovery and clarification of the significance of transaction costs and…
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CEI’s Battered Business Bureau: The Week in Regulation
81 new regulations, from “shared responsibility payments” to Segelflugzeugbau sailplanes.
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MoveOn admits: “[I]f younger, healthier people don’t participate, then costs will skyrocket and Obamacare will fail.”
MoveOn.org yesterday sent me an appeal asking for $5 to help fund a $250,000 social media campaign supporting ObamaCare targeted to reach young adults. Here’s…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist
- 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