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
DOGE cancellation theatrics change nothing in the regulatory power game
“Trump administration officials have not openly said that DOGE no longer exists.” That admission came 10 paragraphs into a widely reported “exclusive” Reuters story claiming…
Blog
Free the Economy podcast: Sesquicentennial celebration
In this week’s episode we celebrate the show’s sesquicentennial anniversary – that is, our 150th episode. We look back at the dozens of smart,…
Blog
Shutdown lesson: Depend less on DC
The record-length shutdown showed how dependent many Americans are on Washington. This is one of the biggest flaws in the ongoing nationalization of politics. In…
Search Posts
Blog
Regulation of the Day 143: Your Bedtime
In Japan, your bedtime is official government business.
Newsletter
Climate Skeptics, The Case Against Cap and Trade and Oil Spill Red Tape
The National Academy of Sciences recently published a report attacking the credentials of climate change skeptics. The Gulf oil spill has…
Citation
USA Today Cheers Proposed Financial Protection Agency
Blog
New Federal Interference With Oil-Spill Clean-Up: Feds Stop Louisiana From Dredging Needed to Create Protective Sand Berms
A TV station in New Orleans reports that “the federal government is shutting down the dredging that was being done to create protective sand…
Blog
Stimulus Package to Cost $75 Billion More Than Predicted; Plus, Government-Employee Bailout Sought
The stimulus package is going to cost at least $75 billion more than the $787 billion the Obama administration claimed, according to the Congressional…
Newsletter
Elena Kagan, Five Years of Kelo and Offshore Oil Drilling
More details about Supreme Court nominee Elena Kagan come to light. Today is the 5-year anniversary of the landmark property rights decision in the case…
Op-Eds
The Walgreen Amendment
In passing the financial regulation bill, U.S. Senators made a point of how they were going after the “fat cats” on Wall Street.
Blog
Judge Blocks Gulf Drilling Ban, Citing Deception by Obama Administration; Obama Continues to Delay Gulf Clean-Up
A federal judge has just blocked the Obama administration from imposing a blanket ban on drilling in the Gulf of Mexico.
Blog
Supreme Court Upholds Controversial Antiterror Law; More Clues About Elena Kagan
Supreme Court nominee Elena Kagan was instrumental in getting President Clinton to veto a ban on partial-birth abortion. She also lumped…
Blog
Obama Administration Blocks Clean-Up of Oil Spill by Louisiana and Foreign Allies By Imposing Red Tape
The Obama Administration recently used red tape to force Louisiana to stop using 16 barges that were cleaning up the Gulf…
Newsletter
Online Gambling, Orcs on Wall Street and the Chimera of Green Jobs
Congress continues to discuss a plan that would legalize online gambling in all fifty states. The government is on the prowl…
Blog
Friday Regulation Roundup
Arizona spends $1,250,000 to save 250 squirrels, plus more.
Newsletter
Financial Reform, Hurricane Season and Bank Fees
Congress continues negotiations on a major financial reform bill. Florida Governor Charlie Christ vetoes a bill that would have allowed Florida insurance companies to build…
Blog
Congress Destroys Free Checking Accounts by Blocking Overdraft Fees for the Irresponsible
Banks can afford to offer free checking accounts with no minimum balance, to responsible people, only because they can charge overdraft fees to irresponsible people. …
Blog
Mordor Looks For More Wealth For Its Orcs
John Gapper has a very good column in the Financial Times today. He issues a timely warning that governments are on the prowl, looking…
Letters
No Place for Corporate Welfare in Financial Regulation
Full Document Available in PDF As leaders of groups representing millions of Americans that comprise a Center-Right Coalition, we oppose price controls in…
Blog
Obama Uses Oil Spill to Push Failed Energy Policies
In his speech last night, President Obama used the massive oil spill in the Gulf of Mexico to push his failed energy policies, such…
Blog
Cell Phone Cancer Scare Refuses to Die
Some people are scared that cell phones cause brain tumors. There are enough of these bedwetters that San Francisco just passed a new law requiring…
Blog
Financial “Reform” Bill Engages in Racial Engineering, While Ignoring Corrupt Mortgage Giants
Congress and the Obama administration refused to do anything about the corrupt government-sponsored mortgage giants, Fannie Mae and Freddie Mac, even though administration…
Blog
Regulation of the Day 142: Ladies’ Night
Ladies’ night bar specials are illegal in Minnesota. They are unfair gender discrimination, according to the Minnesota Department of Human Rights.
Blog
EPA Overreach
I have an article in the Washington Times today about the EPA’s new status as a rogue agency. It begins: The Senate undermined its…
Comment
Upcoming Supreme Court Decisions in Sarbanes-Oxley Case
Full Document Available in PDF The Supreme Court is expected to hand down its decision soon in a major case involving…
Blog
Obama Blocked Clean Up of BP Oil Spill by Friendly Countries; International Assistance Blocked by Regulations Obama Had The Authority To Waive
Crucial offers to help clean up BP’s oil spill “have come from Belgian, Dutch, and Norwegian firms that . . . possess some of the…
Blog
Obama Wants Taxpayers to Cough Up $50 Billion To Bail Out Public-Employee Unions
President Obama now wants Congress to spend $50 billion to keep state governments from laying off government employees. In essence, this is a bailout…
Blog
Regulation of the Day 141: Mandatory Fire Sprinklers
Politicians love it when housing prices go up. That's why Cumberland, Maryland is mulling requiring all new homes to install fire sprinkler systems. Cost: $3,000-$9,000…
Blog
CEI Weekly: Senate Defends EPA Power Grab
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the vote in the Senate on the Murkowski resolution that…
Blog
AIG Bailout Had “Poisonous” Effect, Bailout Oversight Panel Says
“American International Group Inc.’s bailout had a ‘poisonous’ effect on the U.S. financial system because it demonstrated the government would protect Wall Street firms from…
Blog
Regulation of the Day 140: Plastic
“Plastics are the future,” a pushy relative told a young Dustin Hoffman in The Graduate. Was he giving career advice -- or a warning?…
Blog
BP Supported Obama Stimulus Package, Global Warming Bill, and Corporate Welfare; BP Bankrolled Obama Campaign
Columnist Tim Carney notes that BP, responsible for the massive oil spill, is “a close friend of big government whenever it serves the company’s…
Blog
Global-Warming Bill Contains Ethanol Subsidies, Which Cause Famine, Hunger, Food Riots, and Political Unrest
People across the world “are being battered by surging food prices that are dragging more people into poverty, fueling political tensions and forcing some to…
Newsletter
BP, the Supreme Court on Corporate Accounting and Eliot Spitzer on CNN
Many are pointing to the BP oil spill as proof of the failure of free market capitalism. The Supreme Court is expected to soon hand…
Citation
Accounting Regulatory Failures
Blog
Obama Uses BP Oil Spill to Push Corporate-Welfare-Filled Global Warming Bill That BP Once Lobbied For
Talk about chutzpah. President Obama, the biggest recipient of campaign cash from BP, is using BP’s oil spill to push for a global…
Blog
CEI Weekly: How Deregulation Can Curb Terrorism
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Iain Murray's article in the American Spectator arguing for reform…
Blog
Media Give Disgraced Politician Eliot Spitzer a Soapbox to Lecture the Public
Eliot Spitzer, who was forced out as Governor of New York after paying prostitutes tens of thousands of dollars and then violating federal finance laws…
Blog
Friday Regulation Roundup
$300,000 of stimulus money to pay for floating toilets, plus more.
Blog
Today’s the Day
Today is National Donut Day. Ordinarily, this would be just another cute calendar event. But nowadays we’re bombarded by government proposals…
Blog
Regulation of the Day 139: Mailing Fake Grenades
In which a new regulation actually makes some sense.
Op-Eds
Australian Resource Tax Will Dampen Innovation (Letter to the Editor)
Sir, Your editorial, “Taxmen vs miners: Australia’s resource super profit tax is a good idea” (May 31), argues that “natural resource profits are…
News Release
Supreme Court to Rule on Major Sarbanes-Oxley Case
Washington, D.C., June 3, 2010—The U.S. Supreme Court will soon hand down a major ruling which could put much-needed constitutional limits on an agency…
Blog
Obama Administration Pushes More Bailouts at Taxpayer Expense; America to Bail Out Corrupt Union Pension Funds
The Obama administration and its congressional allies are now pushing for billions more in bailouts for mismanaged union pension funds, and teachers unions. The union…
Blog
Regulation of the Day 138: Dwile Flonking
H.L. Mencken defined Puritanism as “The haunting fear that someone, somewhere, may be happy.” He may as well have been talking about regulators.
Blog
BP: A “Serial Environmental Criminal” With Close Ties To The Obama Administration
BP, which is responsible for the terrible oil spill in the Gulf of Mexico, has a safety record infinitely worse than other oil companies, which…
Op-Eds
Fee Free Way to Protect Consumers
The U.S. Senate, in the name of protecting American consumers, passed last month a massive financial regulation bill that creates the Bureau of Consumer…
Blog
Divorce Courts Mistreat America’s Soldiers and Small Businesses
Memorial Day is an opportunity to thank our troops, and open our eyes to the disgraceful way they are treated by divorce courts. The bias…
Blog
CEI Weekly: CEI Sues NASA to Uncover Key Global Warming Docs
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's federal lawsuit against NASA to force them to comply…
Blog
Massive Fare Hike in Washington, D.C. Subway System; Public Sacrifices, Overpaid Union Doesn’t
The mismanaged Washington, D.C. Metro system is pushing through huge fare hikes, not only increasing subway and bus fares, but adding a new 20…
Blog
Myths About Green Energy: The Truth Is, It’s Corporate Welfare That Destroys American Jobs
In The Washington Post, Robert Bryce debunks five myths about green energy: it won’t create jobs, won’t help the environment, and won’t make America…
Blog
Federal Register hits 30,000 Pages
This year’s Federal Register is on pace for 73,459 pages. Like most of President Obama’s policies, this represents less than a one percent change from…
Blog
Sudden Acceleration in Media Falsehoods Regarding Toyota
“Now that the dust has begun to settle on Toyota’s recall fiasco, it’s being made clear that the toll on human life was greater than…
Blog
Congress Expected to Vote Soon on Repealing “Don’t Ask, Don’t Tell” Policy Restricting Gay Soldiers
“Separate votes” are expected “in the House and Senate later this week on legislation repealing the ‘Don’t ask, don’t tell’ restriction on gays serving…
Newsletter
Union Bus Drivers, Fannie Mae Reform and Transportation Partnerships
In New York, bus drivers can take months of paid leave to recuperate from being spit on by passengers. The Obama…
Blog
More Bailouts for Corrupt Mortgage Giants: “More Aid Expected for Fannie, Freddie”
The bailouts are getting even bigger, for the most undeserving recipients. “More Aid Expected for Fannie, Freddie,” reports The Washington Post. The Obama administration…
Blog
California: Leading the Way in Failure
As one might expect of California, successful transportation public-private partnerships (P3s) face many government hurdles. In the early 1990s, the California Department of Transportation…
Citation
Obama’s Secular Socialist Legacy
Blog
Liquor Licensing Overhaul Brewing in NJ
Democratic Senator James Beach introduced a set of bills earlier this month that, if passed by the New Jersey state senate, will make it…
Blog
Corrupt Mortgage Giants Escape Reform: “Obama Administration Says Fannie, Freddie Reform ‘Too Hard'”
There won’t be any reform of Fannie Mae and Freddie Mac, the corrupt, government-sponsored mortgage giants that even Obama administration officials admit were at…
Blog
Stimulus Package Increases Trade Deficit: Replaces U.S. Jobs with Foreign “Green Jobs”
The $800 billion stimulus package is shipping American jobs overseas. More than 79 percent of “green jobs” funding under the stimulus package went to…
Citation
Vitter Amendment
Blog
CEI Statement on Senate Passage of Restoring American Financial Stability Act
The “Restoring American Financial Stability Act,” that passed Congress last night with 39 senators voting “nay,” will hurt Main Street investors and entrepreneurs, and worsen…
Blog
CEI Weekly: CEI Blasts Unconstitutional EPA Power Grab
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's efforts to fight the EPA's recent power grab to…
Blog
Senate Passes Financial “Reform” Bill, 59-39; Will Wipe Out Jobs and Increase Credit Card Costs
The Senate has just passed a 1,500 page financial “reform” bill that deliberately leaves unreformed the corrupt mortgage giants that spawned the financial crisis–while…
Op-Eds
Dodd Bank Bill: Brown Folds but Vitter’s Not-Everything’s-a-Bank Amendment Passes
Yesterday, Scott Brown caved, and the Senate passed its “financial reform.” That story is at the top of every news web site.
Newsletter
Financial Regulation, a Pay Cut for Congress and Kagan Missing in Action
The Senate rejects a move to cut off debate and further amendment on the financial regulation bill sponsored by Chris Dodd…
Opposing Views
While America Crumbles, Congress Wastes Time on Beer & Golf
The days of trillion-dollar deficits, multiple land wars in Asia, and other catastrophes may soon be coming to an end. Congress continues to work long…
Blog
Kagan Shirked Duty to Defend Federal Laws Protecting Crime Victims
Federal law authorizes life sentences without parole for particularly heinous violent crimes committed by 16 and 17-year olds. But Solicitor General Elena Kagan was…
Blog
Legal Elites Chip Away at Protections Against Violent Crime
On Monday, the Supreme Court, citing “international opinion,” outlawed life imprisonment without parole for juveniles who commit rape, torture, and other non-homicide crimes. Earlier,…
NH Insider
Congress May Roll Dice and Legalize Internet Gambling
NH Insider
Dodd’s Bank Bill: New Nationalization Powers for Fed, FDIC, and Treasury Secretary
There are many bad things contained in Chris Dodd’s "Restoring American Financial Stability Act," the financial regulatory "reform" bill that after filibustering for…
NH Insider
Dodd’s Bank Bill: New Nationalization Powers for Fed, FDIC, and Treasury Secretary
There are many bad things contained in Chris Dodd’s “Restoring American Financial Stability Act,” the financial regulatory “reform” bill…
News Release
Failed Bank Bill Filled with Unintended Consequences for Main Street
Washington, D.C., May 19, 2010 – After the Senate today defeated a major banking regulation bill, CEI issued the following statement by John Berlau,…
Blog
How Much Would a Congressional Pay Cut Save?
Rep. Ann Kirkpatrick is proposing a 5 percent pay cut for members of Congress. For every $816,502 the federal government spends, that would save one…
Newsletter
Immigration Reform, SCOTUS and “Market Fundamentalism”
The New York Times reports that younger people are more likely to favor liberalized immigration policy than the baby boomer generation. The Supreme Court’s decision…
CNET
Congress May Roll Dice and Legalize Internet Gambling
Blog
Supreme Court Overturns Life Sentences Without Parole for Violent Juveniles, Citing “International Opinion”
The Supreme Court has just held that violent juveniles cannot be given a life sentence without the opportunity for parole, unless they succeed in killing…
Blog
Preempting State Pension Bailouts
Congress has long used its control of the federal government’s purse strings as a club with which to force states to change laws that fall…
Blog
The Myth of Bush the Deregulator
Contrary to popular belief, the Bush administration was the best friend regulators have had in a generation or more.
Blog
Sometimes I Think They’re Just Messing with Us
Here's an excerpt from an early 1980s Office of Management and Budget report.
Blog
Radical Law Professor Goodwin Liu Approved as High-Ranking Judge by Senate Judiciary Committee, on Party-Line Vote
Radical law professor Goodwin Liu was approved to sit on the federal appeals court for the Ninth Circuit in a party-line, 12-to-7…
Blog
CEI Weekly: CEI Defends Internet Freedom
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's defense of the internet against new FCC regulations by…
Blog
Bailout Supporters Lose Elections in Germany and Utah; Obama Administration Presses Ahead With More Bailouts
Senator Robert Bennett lost reelection in Utah’s Republican primary amidst anger over his vote for the $700 billion bank bailout known as TARP.
CNET
Dems Block Reform of Corrupt Mortgage Giants
In a party-line, 56-to-43 vote Tuesday, Senate Democrats blocked any reform of Fannie Mae and Freddie Mac, the corrupt, government-backed mortgage giants…
Blog
CEI’s FTC Complaint Against GM: A Response to Walter Olson
Over at Cato@Liberty, Walter Olson criticizes CEI’s filing of an FTC complaint against General Motors regarding a recent television advertisement by the…
Blog
Regulation of the Day 137: Brownie Recipes
The Pentagon's official brownie recipe is 26 pages long.
Blog
Democrats Block Reform of Corrupt Mortgage Giants; Fannie Mae and Freddie Mac Will Receive Billions More in Bailouts for Government-Sponsored Enterprises
In a party-line, 56-to-43 vote yesterday, Senate Democrats blocked any reform of Fannie Mae and Freddie Mac, the corrupt, government-backed mortgage giants that…
Blog
ObamaCare Deeply Unpopular: Democratic Congressman Who Voted for Health Care Bill Loses Primary Election
ObamaCare is so unpopular in West Virginia that veteran Democratic Congressman Alan Mollohan lost reelection in yesterday’s Democratic primary to a state senator who…
Blog
The Enviro-Left Machine in Action
Fenton Communications has a long history of work within the left-wing advocacy apparatus. I’m delighted to see a great addition to the blogosphere, the…
Blog
The Toyota Hobgoblin, my piece in today’s Philly Inquirer
‘The whole aim of practical politics,” wrote H.L. Mencken, “is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing…
Newsletter
Cap and Trade, FCC’s “Future of Media” Project and Another Fannie Mae Bailout
Sen. Lindsey Graham withdraws his support for climate legislation co-sponsored by Sens. John Kerry and Joe Lieberman. The Federal Communications Commission is launching a “Future…
Blog
Mortgage Giant Seeks Another $8.4 Billion in Bailouts, After Obama Lifts $400 Billion Limit on Bailouts for Government-Sponsored Enterprises
Mortgage giant Fannie Mae is seeking another $8.4 billion in federal bailout money, after the Obama administration earlier lifted a $400 billion limit…
Blog
Friday Regulation Roundup
In Yukon, Oklahoma, it is illegal for a patient to pull a dentist's tooth, plus more.
Blog
Let Your Voice Be Heard
Today's Daily Caller features an article of mine about CEI's entry in the EPA's YouTube video contest on regulations.
Blog
D.C. Rail Fetishists Propose “Free” Trolleys
If you believe the “city of northern charm and southern efficiency” is geared solely toward imposing stupid, expensive directives on the rest of the country,…
Blog
Taxpayers to Put Up Billions More for Bailouts of Greece and Corrupt Mortgage Giant
Government-sponsored mortgage giant Freddie Mac is demanding another $10.6 billion in bailouts, which the Obama administration is expected to give it. Obama’s so-called…
Blog
CEI Weekly: CEI Catches GM’s Misleading Ad
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's complaint filed to the FTC against General Motors for…
Blog
Federal Register Hits 25,000 Pages
This morning, the 2010 Federal Register passed the 25,000 page mark.
News Release
EPA Contest Asks How Big Government Helps You, CEI Answers in New Video
How does Big Government help you? The Environmental Protection Agency wants to know. Today, the Competitive Enterprise Institute has the answer.
Blog
General Motors Accused of Fraud Over Misleading Claim That It Paid Back Taxpayers; CEI Files FTC Complaint
The Competitive Enterprise Institute filed a complaint today against General Motors with the Federal Trade Commission, over…
Blog
The NEW reason for fomenting pig flu panic – “Use up those vaccines!”
According to Reuters, the U.S. has 71 million unused H1N1 swine flu vaccine doses. And damned if it isn’t determined to use up every…
CNET
GM’s Tricky Payback
President Obama’s tax-cheat treasury secretary, Tim Geithner, is trumpeting the fact that General Motors has paid back a small fraction of what taxpayers…
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