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: Mailing live animals and crash test dummy comments
A Trump administration envoy to Russia called Vladimir Putin a humanitarian. The Justice Department announced it will sue if the Republican Senate candidate in…
Blog
Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
Search Posts
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…
CNET
“Financial Deform: So-Called U.S. bank Reform Does Little But Hurt Taxpayers”
The CEO of Goldman Sachs, the Wall Street firm the SEC has accused of fraud, has endorsed the so-called financial “reform” bill…
Blog
Bogus Financial “Reform” Bill Regulates Internet, Does Nothing About Corrupt Government-Sponsored Mortgage Giants Fannie Mae and Freddie Mac
The so-called financial “reform” bill backed by President Obama gives federal bureaucrats new powers over the Internet, while doing nothing about the corrupt government-backed…
Blog
ObamaRail: Great for Railfans, Bad for Transportation
In 2000, Florida voters approved a constitutional amendment (the “Monorail Initiative“) authorizing the creation of a high-speed intercity rail network. However, as the economy…
CNET
Consumer Financial Protection Bureau – be careful what you wish for
Blog
Regulation of the Day 136: Off the Record
If you work for the Department of Energy's Federal Energy Regulatory Commission, a regulation in 18 CFR 385.2201 requires you to keep records of off-the-record…
Blog
Hypocritical California Government Boycotts Against Arizona Over Immigration Law
“Representatives at three levels of California government were quick to call for economic measures against neighboring Arizona this week in the wake of its…
Blog
CEI Weekly: CEI Protects Main Street From Financial Reform Bill
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's coalition efforts with other organizations to show the harms…
Blog
“How many regulators does it take . . .?
On Bankstocks.com Thomas Brown has a clever piece about why a new consumer financial protection agency doesn’t make any sense. He describes a commercial…
Blog
Supreme Court Overturns Ban on Cross; Gay-Marriage Opponents Will Lose Privacy Battle; Controversial Judicial Nominees; Wal-Mart Faces Mega-Lawsuit
In a splintered ruling, the Supreme Court ruled that a trial judge erred in issuing an injunction against a cross honoring veterans. It…
Blog
Regulation of the Day 135: Mustache Nets
Just like church and state, hair and food are best kept separate. Which brings us to the latest fad in Brooklyn’s trendy Cobble Hill neighborhood:…
Blog
Goldman Sachs Endorses Trojan-Horse Financial “Reform” Bill; Bill Has Payoffs for Special Interests
The CEO of Goldman Sachs, the Wall Street firm accused of fraud by the SEC, has endorsed…
Blog
FDA Salt Statement Leaves a “Mistaken Impression”
Some 80 years ago this month, Mahatma Gandhi led tens of thousands on a 240-mile march in protest against a British salt tax, inciting millions…
CNET
ObamaCare vastly expands IRS red tape
“Billions of more documents” will be have to be filled out by small businesses for the IRS so that a “spendthrift Congress can shake…
News Release
‘Grave Concerns’ Persist on Stalled Senate Financial Reg Bill
Washington, D.C., April 28, 2010—For the third time in three days, Senate Republicans joined by Ben Nelson (D-Neb.) have defeated an effort to ram…
Blog
ObamaCare Vastly Expands IRS Red Tape and Power, Raises Medical and Insurance Costs, Taxes, and Deficits, and Harms Very Sick People
“Billions of more documents” will be have to be filled out by small businesses for the IRS so that a “spendthrift Congress can shake…
Blog
Regulation of the Day 134: Not Voting
Despite its flaws, democracy has worked tolerably well in this country for a long time. Perhaps the best part of our particular democracy is that…
Blog
As financial vote fails in Senate, Florida shows how to really protect consumers from deception
Yesterday, the Senate failed to achive the 60 votes necessary to move forward on the Restoring American Financial Stablity Act. All Republicans present and Sen.
Blog
Fixing America’s Immigration Black Market
In today's American Spectator, Alex Nowrasteh and I make the case that lowering the cost of legal immigration through liberalization will reduce the amount of…
CNET
Enough with SEC Porn; What about Obama’s Financial Lies?
There are plenty of problems with the financial “reform” bill, but the media aren’t interested in that. They’re much more interested in revelations that…
Blog
ObamaCare Will Raise Insurance Premiums and Health Care Costs, Perhaps Bankrupt Hospitals, Federal Officials Admit
“Economic experts from President Obama’s own Health and Human Services Department have released a devastating report noting that Obamacare ‘will increase national health care…
Blog
CEI Weekly: Horner Talks “Power Grab” on Fox News
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Chris Horner's appearance on Fox News' Hannity shot to talk…
Newsletter
Financial Regulation, Online Gambling and Chewing Tobacco
The Senate is set to vote on Senate Banking Committer Chairman Chris Dodd's bill to extend financial regulation. A new study estimates that the ban…
Blog
Porn More Interesting to Media Than Flaws of Financial ‘Reform’ Bill; Obama Is “Lying His Face Off”
There are plenty of problems with the financial “reform” bill, but the media aren’t interested in that. They’re much more interested in revelations that senior…
CNET
Dodd Financial Bill Attacks Main Street
As Congress prepares to vote on debating Sen. Chris Dodd’s “Restoring American Financial Stability Act,” a broad spectrum of conservative and free-market groups expressed…
Blog
Center-Right Coalition Letter Opposes Toxic Provisions in Dodd Bill
Below is a letter sent today to the Senate that was signed by several prominent groups in the Center-Right Coalition expressing “grave concerns about the…
Blog
Obama Uses Phony Rhetoric About Financial ‘Reform’ to Push Bill That Enriches Special Interests and Perpetuates Bailouts
President Obama has collected millions from Wall Street special interests, his administration is chock full of Wall…
Blog
Friday Regulation Roundup
Some of the stranger governmental goings-on I’ve dug up recently.
Blog
Public Employee Unions’ Suffocating Grip on California
The current issue of the Manhattan Institute’s City Journal features a must-read account of how government employee unions have turned California into “The Beholden…
Blog
General Motors Repays Tiny Portion of Taxpayers’ $50 Billion Bailout; Obama Backers Bash Critics of Bailout
President Obama’s tax-cheat treasury secretary, Tim Geithner, is trumpeting the fact that General Motors has paid back…
Blog
“Basic needs” need to be regulated, say Dems
Reason’s Ron Bailey, in an “I told you so” article today, points out that Senate Democrats are poised to support a bill that would…
Blog
Earth Day Agriculture and Sustainable Intensification
What’s the most sustainable way to grow the food we eat? The answer environmentalists give is always "local and organic." But, increasingly, the answer from…
Blog
Even Cranky Liberals Are Coming to Understand the Air Travel Sector!
Brett Snyder, editor of the web site, crankyflier.com, wrote a revealing column this weekend, “Don’t let bag fees make you nostalgic. Airlines’…
CNET
Examiner Right to Oppose Unending Bank Bailouts (Letter to the Editor)
The Examiner was right to oppose the Trojan horse financial “reform” bill that would enrich Goldman Sachs, the Wall Street firm that makes big…
CNET
Wall Street Bill Targets Nevada Incorporations
Over the past year, Senate Majority Leader Harry Reid has made pointed efforts to show Nevadans his advocacy on their behalf. In defending new…
Blog
The Private Provision of Surface Transportation Infrastructure in the United States
Private sector involvement in surface transportation infrastructure is not new. Public and private turnpikes—roads that require the payment of a toll for passage—have existed for…
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