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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Free the Economy podcast: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
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Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
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The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
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Fifty Years Later: Rachel Carson Is Still Wrong
Back in 1996, the Competitive Enterprise Institute’s Jonathan Tolman authored an article entitled "Rachel Was Wrong,” in which he explained why biologist Rachel…
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Free Checking Nearly Extinct Thanks To Dodd-Frank; Will Credit Card Rewards Follow?
One year ago on October 1, Dodd-Frank's Durbin Amendment price controls went into effect, causing consumers to lose free checking and be soaked with other…
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Unions Outgunning Opposition In Michigan
Organized labor is driving hard to enshrine collective bargaining right in Michigan State constitution. If Proposal 2 passes this November, they will have done…
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Massive Payoff To City For Dropping Challenge To Tool Used To Impose Racial Quotas In Lending
The Obama administration declined to pursue a fraud claim worth up to $180 million against a city to get it to drop its pending…
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Study Finds Diisononyl Phthalate Safe For Toys
While news sources, greens, and U.S. lawmakers hype the risks about children’s exposure to the chemicals found in a host of plastic…
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In Rejecting EPIC’s Petition On TSA’s Strip-Search Machines, Court Effectively Orders Rulemaking Timetable
This afternoon, the D.C. Circuit Court of Appeals rejected the Electronic Privacy Information Center’s (EPIC) petition for writ of mandamus, which called on the court…
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Clyde Wayne Crews
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Ryan Young
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Fred L. Smith, Jr.
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