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
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
Blog
Don’t expect the administrative state to disarm itself
Last week, I read two articles in the summer 2026 edition of the Cato Institute’s Regulation magazine: “Defanging the FCC” by Paul Matzko…
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The week in regulations: Razorback suckers and conflict of interest requirements
Congress is considering honoring the late Sen. Lindsey Graham (R-SC) by passing a counterproductive Russia sanctions and tariffs bill. Inflation numbers for June…
Search Posts
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Regulation of the Day 130: Roommates
In New York City, it is illegal for four or more unrelated people to live together. At least 15,000 New York homes openly flout the…
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The things I endure to get a story!
If you think I was tough for embedding in Iraq’s meanest city a year after having my guts blown out in another part of…
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“Why Do Toyotas Hate the Elderly? my article in Forbes Online
It was the Camry in a car wash nightmare. With her two grandchildren in the car, Doris Dresner went through the wash in Columbia, Mo.,…
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Friday Regulation Roundup
Government does more wacky things than anyone could possibly write about in any detail. Listed here are just a few that I dug up over…
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“How Media Took Us For A Ride In A Prius,” my IBD piece
For three days, James Sikes held America’s highest honor: victim. The nation had been transfixed by his almost half-hour-long 94-mph horror ride in his runaway…
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Attorney Generals Challenge ObamaCare; New Health Care Law Increases State Budget Deficits, Imposes Marriage Penalties
Virginia Attorney General Ken Cuccinelli and a dozen other attorneys general have filed lawsuits challenging the new health care law signed…
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Liberty Activists get a Black Eye, Keep on Fighting
As would be expected in the face of recently passed health care legislation this sweeping and controversial, pro-liberty citizens have been stepping out to…
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State Attorneys General Do Good (For Once), Hit Obamacare with Lawsuits
On the heels of the health insurance takeover staged by the House of Representatives this week, a handful of state attorneys general have filed lawsuits…
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Health Care- Fix middle-class “medicine cabinet tax” in reconciliation
“They won’t be so opposed to it once they see what’s in it.” That’s the rationalization House leaders have given skittish Democrats to get them…
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Health Care Crisis About to Get a Whole Lot Worse
In just a few hours, the House of Representatives will vote on the $940 billion Senate health care bill, followed by a reconciliation package of…
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Four Ways to Spend Money on Health Care
Today's bill consists almost entirely of spending other peoples' money on other people. This is no way to keep costs under control.
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Media falsely claiming CHP report backs Toyota Prius hoaxer’s claim
Over a week after I exposed the “Toyota Hybrid Horror Hoax” at Forbes. com, the press (as opposed to some TV networks, talk radio,…
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New Taxes on Investors in Obamacare, and Massive Marriage Penalties, Too
The new tax on investors in the health care bill has been increased from 2.9 percent to 3.8 percent, but only a few media…
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Regulation of the Day 129: Droves of Animals on Streets
Washington, DC city law states that “No loose herd or flock shall be driven or conducted in the District, except with a permit issued by…
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Health Care Bill Would Vastly Expand IRS Power; CBO Ordered to Base Cost Estimate on False Assumptions
“House health care bill dangerously expands IRS power,” say a tax law professor and GOP leaders. The Washington Examiner says that “16,500 more…
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CEI Weekly: CEI Opposes National ID on Fox News
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Alex Nowrasteh on Fox News debating the violations of privacy…
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National ID Plan Insults Americans
President Obama recently gave his thumbs-up to an immigration compromise plan formulated by Chucky “Why Am I So Annoying” Schumer (D-NY) and Lindsey Graham (R-SC)…
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Regulation of the Day 128: Bounty Hunters
You need a license to be a bounty hunter in New Jersey.
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Governors Criticize Health Care Bill for Increasing Unemployment and State Budget Deficits; Tax Increases and Medicare Cuts in Bill Rise
Governors are now criticizing the health care bill backed by the Obama administration, saying it will cause health care costs and state deficits to…
Blog
Is There No Adult Supervision at the Campaign for Liberty?
My colleagues brought to my attention this grossly misinformed, misleading, and error-laden essay on the Campaign for Liberty’s website. The main thrust of the piece…
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Will the Jobs Bill Create Any Jobs?
Over at the American Spectator, I explain why it won't, but a deregulatory stimulus would.
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Even Associated Press Says “Beware” of Obama’s Health Care Overhaul; Retired Judge Calls Health Care Tactic Unconstitutional
Even the Associated Press admits that President Obama is not telling the truth about his health care plan and how it would affect health…
Newsletter
Ethanol, Human Achievement, and Technology
The Green campaign for the development of corn ethanol may be increasing greenhouse gas emissions. On March 27, people all over the world will turn…
Comment
The Future of Manufacturing
What is the Role of the Federal Government in Supporting Innovation by U.S. Manufacturers?…
Blog
This blog at “Tundra Headquarters” plays my “Toyota Hysteria” piece the right way
This blog titled “Toyota Crash Victim Speaks Out Against Media Smearing Automaker” exploits my cache as a victim of a REAL Toyota defect, which…
Blog
The Wisdom of George Stigler
He was one of only a few sane souls who insisted that regulations be judged by their actual results, not their intended results.
News Release
Wayne Crews Testifies on Role of Government in Innovation and Manufacturing
Washington, D.C., March 15, 2010—Everyone agrees we still want to make a lot of stuff in the United States of America and create jobs. So…
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Regulation of the Day 127: Landscaping
Angelina and Quan Ha, of Orange, CA, ditched their water-hungry grass lawn in 2008 to save money and water. The city promptly sued them.
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Washington Post spreading more misinformation on Prius hoax
The media are still resisting admitting that James Sikes’s Wild Ride was just another Balloon Boy Hoax, in which they played a vital role. Thus…
Op-Eds
Dodd’s Main Street Punishment Bill
With the focus this week on health care’s “home stretch” and concerns about government limiting the ability of ordinary Americans to make choices about…
News Release
Broadband Plan Would Vastly Expand Government Power over the Internet
Statements by Competitive Enterprise Institute telecom policy analysts Wayne Crews and Ryan Radia on the FCC’s National Broadband Plan.
Blog
Dodd bill punishes Main Street entrepreneurs, rewards Fannie and other high rollers
With the focus this week on health care’s “home stretch” and concerns about government limiting the ability of ordinary Americans to make choices about medical…
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Regulation of the Day 126: Cheese-Rolling Races
Cheese-rolling races have been held at Cooper’s Hill in Gloucester, UK since the 1800s. Until this year, that is. Health and safety regulators shut down…
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ObamaCare’s Enormous Cost Is Hidden by Dishonest Gimmicks, Says New York Times Columnist Who Supported Obama in 2008
New York Times columnist David Brooks, like other columnists at that staunchly liberal newspaper, supported Obama in the 2008 election. But even he can…
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Gov’t report backs up my Prius hoax revelation
As I reported in Forbes Online on Friday, and am scheduled to discuss tomorrow on NBC’s Today Show (beginning at 7AM EST), the Balloon…
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$3,000,000,000,000 in Tax Increases in President Obama’s Budget
The president’s proposed budget raises taxes by three trillion dollars over the next ten years, notes Washington fiscal analyst…
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“Toyota Hybrid Hoax,” my piece in Forbes Online
Yes, you suspected it all along. Now I’ve proved it. Mr. Sikes’s wild ride was a fabrication. The only reason his accelerator was stuck…
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CEI Weekly: CEI Argues Against Climate Change Policies
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Will Yeatman and Chris Horner's dual op-eds in the Washington…
Blog
How Do These People Avoid Cognitive Dissonance?
Supporters of the health care bill spend a lot of time attacking health insurance companies. The health care bill would legally require people to give…
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Obama Runs Up Largest Budget Deficit in American History; Monthly Deficit Alone Exceeds Entire Annual Deficit for 2007 Under Bush
“The Obama Administration has run up the largest budget deficit in American history in February of 2010, a whopping total of $220.9 Billion in just…
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Regulation of the Day 125: Salt
Assemblyman Ortiz has introduced legislation that would “make it illegal for restaurants to use salt in the preparation of food. Period.” A $1,000 fine would…
Blog
Thursday Immigration Meeting: Will Immigration Reform Be a Boon or Bust?
When Senators Graham (R-SC) and Chucky “I know nothing about business” Schumer (D-NY) come to a compromise on comprehensive immigration reform, the only…
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Obama Administration Rewards Corrupt Mortgage Giants, Punishes Productive Private Banks, Fleeces Taxpayers and Responsible Credit Cardholders
The Obama administration wants to increase taxes on productive banks that are self-supporting, while exempting the mortgage giants and other companies that got massive taxpayer…
Blog
Regulation of the Day 124: Kissing Your Girlfriend Good-Bye
How do we know the terrorists are winning? When a man kissing his girlfriend good-bye at Newark Liberty International Airport results in the evacuation of…
Op-Eds
The Corker-Dodd-Alinsky Bill? : Center-Right Coalition Letter Warns about “Proxy-Access”
Capitol Confidential and Jim Hoft have done an excellent job laying out concerns with the potential “compromise” bill that comes out of Sen. Bob…
Blog
What does the public realize about the Toyota hybrid hysteria that the media are missing?
On YouTube you can view a news report regarding the Prius alleged runaway hysteria incident, complete with an excerpt from the 911 call James…
Op-Eds
Looking Out for the Big Guys
Big is bad, many on the Left believe, but only in business, not in government. Many on the Left rail against mass discounters…
Blog
The Hidden Costs of Health Care Reform: “Obamacare Is A Budgetary Disaster”
The health care bills backed by President Obama will cost $2.3 trillion, not the $900 billion Obama claims, and will be a “…
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The cut-and-paste Splinternet
The way Ben Kunz in a new Business Week artcle puts it, “Each device contains its own widening universe of services and applications, many…
Citation
Credit Card Bill of Rights
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Obama’s Policies Will Increase National Debt by $9.7 trillion, Says Congressional Budget Office
“President Obama’s policies would add more than $9.7 trillion to the national debt over the next decade, congressional budget analysts said Friday. . .The 10-year…
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CEI Weekly: DOE Seeks Lobbyists to Sell Green Jobs
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Chris Horner's FOIA findings from the Dept. of Energy, protests…
Blog
Can a “runaway Toyota” be stopped with the brakes?
There have been many driver claims that they tried using the brakes but it couldn’t override the engine at the full throttle into which alleged…
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Regulation of the Day 123: Donating Blood
If you’re gay, you can’t donate blood. It’s illegal. Rather than screening donors for sexual preference, they should be screened for blood-borne diseases. Straight people…
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Federal Register Reaches 10,000 Pages
It only took 4 working days to top 1,000 pages. Now, after 42 working days, the grand total is 10,158. That’s an average of 242…
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Regulation of the Day 122: Home-Schooling in Germany
It is illegal to home-school your children in Germany. One family faced "[F]ines eventually totaling over $11,000, threats that they would lose custody of their…
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Regulation of the Day 121: Cussing
It’s officially “Cuss Free Week” in California. Last Thursday, the state legislature passed a resolution to make the first week of March swearing-free.
CEI Planet
CEI Planet: January – February 2010
To view this issue of the CEI Planet, please click here to download the PDF file. Below are selected articles from the January-February 2010 issue: …
Blog
Regulation of the Day 120: Fish Tanks in Barbershops
In Tenneessee, it is illegal for barbershops to have fish tanks. That could change as soon as today, though.
Op-Eds
Proxy Access: The Obama-Dodd-Alinsky Shareholder Jujitsu
What would Saul Alinksy do? In the wake of defeats for the Obama administration last month both with Scott Brown’s stunning Senate…
Blog
Ralph Nader’s shocking solution to the Toyota “problem”
The answer to the problem of Toyotas running amok, says Ralph Nader in a Los Angeles Times op-ed today? Choose one response: 1. More…
Blog
Torches, Pitchforks, and Congress
“It occurred to me that this panel would only take place, of the industrialized nations, in the United States of America. That in every other…
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Biden announces retirement (savings program)
Vice President Joe Biden announces retirement (savings program). If only we were so lucky. (In reality, it doesn’t matter. As he recently said,…
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CEI Weekly: Marlo Lewis’ Music Video Against Climate Change
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Marlo Lewis' music video, "How I was not Al Gored…
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Disturbing parallels between the Toyota hysteria and the Audi 5000 debacle
Toyota stands accused of 34 sudden acceleration incidents over the last 10 years that are “linked to” or “associated” with fatalities, a figure that in…
Letters
Letter to Barney Frank
Full Document Available in PDF The Competitive Enterprise Institute is a not-for-profit non-partisan educational and research institute dedicated…
Blog
E-Verify is a Spectacular Failure and Should be Abandoned
The Wall Street Journal today reported that the E-Verify system, a Federal database designed to identify undocumented workers and prevent their employment, fails to…
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Regulation of the Day 119: Bake Sales
School bake sales are basically banned in New York City. Mayor Bloomberg and the city’s Department of Education worry that they contribute to child obesity.
Blog
In-Flight Wi-Fi: Security Threat?
An article in this month's Infotech & Telecom News on a TSA proposal to ban in-flight wi-fi quotes me at length. Here's what I had…
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Banks trying to recoup from bad loans and inadequate reserves urged to lend
There’s a juxtaposition in a Washington Post article today that deserves a “Wha?” The article focuses on the huge drop in bank lending in…
Blog
Regulation of the Day 118: Unlicensed Dogs
In Los Angeles, it is illegal to own a dog without a license. Packs of wild, unlicensed dogs roam the streets at night. People are…
Blog
The government’s conflict of interest in the Toyota witch hunt
You don’t need to look for ulterior motives in the government attacks on Toyota, which include not just the current congressional hearings but such things…
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Bhagwati on climate change — please, no
In today’s Financial Times, noted trade economist Jagdish Bhagwati strays again into the climate change debate – and he doesn’t apply his usually sharp…
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Regulation of the Day 117: Hot Dogs
The AAP says hot dogs are a choking hazard for children. According to the data, Little Timmy is literally more likely to be struck by…
Blog
Credit CARD Act penalizes thrift and entrepreneurship; interchange fee controls would compound harm to consumers
Today, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 goes into effect. While the law, passed last May, is being hailed as…
Blog
Myths about Labor Myths
Sunday’s Washington Post features a supposed myth-debunking piece about organized labor that is so misleading that it’s hard to know where to begin driving…
Op-Eds
Credit Card Act Hits Cardholders, Entrepreneurs
Today, the Credit Card Accountability, Responsibility, and Disclosure (CARD) Act of 2009 goes into effect and is being hailed as a boon for consumers.
Blog
Regulation of the Day 116: Doodling on Desks
Alexa Gonzalez, 12, was arrested and put in handcuffs for writing "I love my friends Abby and Faith. Lex was here 2/1/10 :)" on her…
Blog
We’re not #1 and it’s okay
Internet access is not a right. It is a privilege; one that we pay for. FCC Chairman Julius Genachowski, while not explicitly demanding high-speed Internet…
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Regulation of the Day 115: Pancake Races
The secret to winning is to cross the finish line before your opponents do. That usually means running. The problem is that sometimes, running violates…
Blog
CEI at CPAC this week!
CEI is co-sponsoring the annual Conservative Political Action Conference in Washington, DC, which is expecting to draw a crowd of some 9,000 -10,000 people…
Blog
Not-so-Happy Stimulus Anniversary
The Obama administration and its allies are trying their hardest to put a happy face on the first anniversary of the the gargantuan $787-billion stimulus…
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Obama Defends Misguided Spending Stimulus on One-Year Anniversary
Today on the anniversary of Porkulus, President Barack Obama and his staff are defending the massive spending stimulus and sweeping financial, health care, energy…
Blog
Bailout for the First Amendment vs. Preservation of Competing Biases
Clearly many groups contend there’s a “crisis” in journalism, even to the extent of advocating government support of news organizations, despite the dangers inherent…
Blog
Increase small biz lending not gov spending
President Obama seems to genuinely want to help people and improve the economy. However, he also seems to genuinely believe that the best and most…
Blog
Space, the final private frontier
Here’s a case for private space exploration in the Wall Street Journal. Indeed, if we can ever get rid of NASA and the FAA,…
Blog
Privatization in VA: Not as easy as ABC
As I wrote back in November at the Objective Standard’s blog (my colleague Ivan Osorio also wrote about the topic here), Virginia’s new…
Blog
Act Now! Support a Bold National Elevator Plan
Last week I received Public Knowledge’s press release and letter urging support of a “Bold National Broadband Plan.” I admire PK a great deal on…
Op-Eds
Bush Billboard in Minnesota Asks “Miss Me Yet?”
A billboard appeared in Wyoming, Minn. this week (the person/org responsible is still unknown) with the visage of former President George W. Bush…
Blog
Regulation of the Day 114: Unlicensed Fruit Candy
Department of Health inspectors seized, slashed open and poured bleach over thousands of dollars of local peaches, pears, raspberry and plum purees owned by pastry…
Blog
Government should spend nanodollars on nanotechnology.
At least that’s how my former colleague Tom Miller, now at the American Enterprise Institute, used to put it. Still another government/business funded report,…
Blog
Will Obama Recess-Appoint Becker?
With the nomination of former SEIU associate general counsel Craig Becker to the National Labor Relations Board (NLRB) most likely dead in the Senate, the…
Blog
Regulation of the Day 113: Throwing Snowballs
Two students at James Madison University in Virginia were charged with felonies for throwing snowballs at a snowplow and an unmarked police car.
Blog
Federal Government Shuts Down Due to Snow
There is great wisdom in Mark Twain’s famous adage: “No man's life, liberty, or property are safe while the congress is in session.”…
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Regulation of the Day 112: Importing Pork Rinds
The federal government is loosening its restrictions on importing pork rinds from Brazil.
Blog
Regulation of the Day 111: Buying Wine in New York
It is illegal for grocery stores to sell wine in the state of New York. Only liquor stores are allowed to sell the stuff.
Blog
“Health Care Freedom” Bills Pass Virginia Senate
The Virginia State Senate passed “health care freedom” bills giving citizens the right not to be forced to buy health insurance. This sets…
Blog
Regulation of the Day 110: Watching the Super Bowl
Hosting a Super Bowl party this Sunday? You might be interested to know that it is technically illegal to watch the Super Bowl on a…
Blog
“Killer Cans And Toxic Baby Bottles,” my piece in Investor’s Business Daily
Should we worry about a common chemical almost all of us carry in our bodies that activists claim causes a list of diseases longer…
Blog
Regulation of the Day 109: Unplanned Castles
In 2002, Robert Fidler built his family a house that resembles a castle. It is his dream home. Authorities want to require him to demolish…
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