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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Regulatory Reform in the 118th Congress: Separation of Powers Restoration Act
The separation of powers is a key aspect of American government. To decentralize power and ensure checks and balances, the Founders divided the federal government…
City Journal
Roll It Back
Medicaid, the federal-state entitlement for the poor, now provides health insurance to more than one in four Americans. Enrollments surged after the Affordable Care Act…
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This Week in Ridiculous Regulations
An Executive Order from the Biden administration made some of the biggest system-level regulatory changes in years. It raises the threshold for “economically significant”…
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WaPo Columnist Calls for Cordray’s Consumer Bureau to be “Big Brother”
"Big Brother." When commentators use that phrase to describe a government agency, it is most often not meant as a compliment. Rather, it is wielded…
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New York Times Documents the Case for Freedom
It’s not every day that the front page of The New York Times has two articles that highlight the importance of limited government, but today’s…
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Re-organizing the Federal Government to Crush Opposition
One of the few virtues of the federal government has been its inefficiency. With functions spread out across different agencies and duplicated powers and responsibilities,…
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Alcohol Regulation Roundup: January 13, 2012
Out with the old year and out with the old alcohol laws! 2012 is off to a great start with several states reducing the regulatory…
Citation
Myron Ebell: Environmental issues and the 2012 election
Myron Ebell: Environmental issues and the 2012 election…
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Regulation of the Day 206: Buying Drain Cleaner
The state of Illinois now requires consumers to show valid ID to buy drain cleaner.
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