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

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The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

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Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…

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Your family’s share of federal red tape last year was…
Most people can see taxes on their pay stubs, but there’s another sort of tax that’s much less visible: the cost of government regulations. These…
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Regulation of the Day 66: Trick or Treating
Trick-or-treating is banned in Dunkard Township, PA. The government will hold a four-hour Halloween party to make up for it.
Newsletter
Pay Cuts for Wall Street, Required Window Glazing and the New Public Option
The White House “pay czar” plans to cut paychecks for top bank executives by 50%. Environmental regulators in California move to require all cars sold…
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“Cities are probably the greenest thing that humans do.”
Environmental guru and author of the Whole Earth Catalog Stewart Brand has a new book out in which he argues that "My fellow environmentalists have…
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New CEI Release: One Nation, Ungovernable?
Question: What do you get when you combine a $700 billion “stimulus” package, $1.1 trillion in wealth-destroying regulatory compliance costs, a mountainous non-discretionary entitlement obligation,…
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“Public Option” Is a Gimmick That Won’t Improve Healthcare
In the Washington Post, Robert J. Samuelson explains in the “Public Plan Mirage” how the so-called “public option” contained in congressional health-care reform bills…
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Sure, just what we need: yet another regulatory government agency
Here’s my letter published in the Oct. 25th edition of the Boston Globe responding to an editorial…
Newsletter
Web Giants Battle over Networks, Obama on Climate and New Financial Regulations
Google and AT&T battle over web rules. President Obama won’t talk climate change at UN negotiations in Copenhagen. The House Financial Services Committee votes to…
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More Bad Mortgages on the Way, Thanks to Congressional Committee
Expect to see more bad mortgages as a result of a House committee’s vote Thursday to create the so-called “Consumer Financial Protection Agency.” That…
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Sweden’s CO2 Labeling: Deceptive Advertising?
A quick point to add to Fran Smith's post on Sweden's experiment in labeling food and menus with carbon footprints: don't read too much into…
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CEI Weekly: Scholars Support Case Against Sarbanes Oxley
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features new "amicus briefs" submitted by legal scholars for the Sarbanes…
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Regulation of the Day 65: Weighing Animals
If you sell poultry or livestock, it’s a good idea to weigh them first. Makes it easier for buyer and seller to agree on a…
Newsletter
Telecom Regulation, Maritime Recycling and the Economics Nobel
The Federal Communications Commission moves to regulate telecom networks in the name of “net neutrality.” Italian police investigate illegal disposal of “toxic” shipwrecks. Experts continue…
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Net Neutrality at 28 kilobits per second.
Why didn’t the Federal Communications Commission impose net neutrality a decade ago? We don’t need all this multimedia and advanced services. They finally caught…
Newsletter
Health Care Competition, Financial Regulations in Court and Net Neutrality
The House Judiciary Committee votes to strip antitrust protections from health insurance companies who share risk information. Prominent officials and scholars endorse CEI’s Supreme Court…
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Regulation of the Day 64: Starting a Business in Sacramento, California
The human mind is capable of creating limitless, endless wealth. The human mind is nearly as adept at preventing that wealth from being created. Sacramento…
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A Cure Worse than the Disease
As I explain in a new CEI paper, which is out today, most of the alleged cost-cutting measures in the Baucus bill merely shift costs…
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More Hypocrisy Regarding FTC Blog Regulations
Michael Masnick at Techdirt offers up another incidence of government inconsistency in light of the FTC’s blog-watching rules, reminding us that “…
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Banning Bake Sales
The American Enterprise Institute held a panel discussion yesterday on food safety. They discussed congressional proposals aimed at addressing contaminants in our food,…
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Is Cognitive Dissonance an Insured Condition?
Rep. Diana DeGette is proposing: 1)That health insurers' antitrust exemption be removed. 2) Require, by law, that people buy health insurance. What one hand giveth,…
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Regulation of the Day 63: Sports Agents in New Hampshire
It is illegal to be a sports agent in New Hampshire without a Secretary of State-issued certificate. Don’t forget your biennial renewal!…
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Health Insurer Competition and Democratic Saber Rattling
Last week, after the industry association America’s Health Insurance Plans released a study showing that premiums would rise 18 percent under the Senate Finance Committee’s…
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Bill Gates Says Africa Needs GMOs
On Friday, Bill Gates announced at the World Food Summit in Des Moines that the Bill and Melinda Gates Foundation would be redoubling its efforts…
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Regulation of the Day 62: Government Employees and Texting while Driving
Executive Order No. 13513 prohibits federal employees and contractors from texting while driving while on duty.
Newsletter
Teacher Unions, Obama’s Climate Czar and Public Choice
Director Bob Bowden exposes corruption and waste in public schools in the new film The Cartel. Critics object to the potentially sweeping powers of President…
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CEI Weekly: John Berlau Criticizes Proposed Consumer Protection Agency
CEI weekly is a compilation of articles and blogs from CEI's staff. This week's feature is John Berlau's appearance on C-Span talking about ways to…
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Regulation Not Worth Its Salt
A recent study by University of California, Davis nutritionists concludes that it may not even be possible to reduce salt intake through regulation.
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Robert Reich Gets It
Some of the consequences of increasing government’s role in health care are easy predict.
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New Version of Obama Health-Care Plan Relies on Imaginary Savings, Costs More Than $2 Trillion, and Will Explode Federal and State Budget Deficits
Health-care “reform” always costs more than predicted, as ObamaCare provisions have at the state level. So the claim that the new, cheaper version…
Newsletter
Big Screen Ban, U.S. Chamber Politics and Silencing Science
California poised to ban the sale of big-screen televisions. The U.S. Chamber of Commerce launches a new initiative to defend free enterprise and create jobs.
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Regulation of the Day 61: Big Screen TVs – Mankind’s Doom!
On November 4, California regulators may vote to ban big-screen televisions. The large sets use more energy than they would prefer.
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Eliot Spitzer Wants your Pension
Today, Slate features a rant by disgraced former New York Governor Eliot Spitzer that includes distortions and falsehoods so blatant that they wouldn’t merit…
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How Much Harm Do Teacher Unions Do?
Plenty, according to the new film, The Cartel. The film purports to show “educational system like we’ve never seen it before. Behind every dropout…
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More on Public Sector Unions
Slate blogger Mickey Kaus explains how public sector unions are driving state and local governments to the brink of bankruptcy (via Nick Gillespie at…
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Regulation of the Day 60: Hybrid Car Noise
One advantage of hybrid cars is that they are quiet. Too quiet, some would say. Blind pedestrians may not hear a hybrid coming around the…
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Silencing Criticism through Libel Law
The physicist turned science journalist Simon Singh has been sued in a UK court and, this past summer, found liable for libel for an April…
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Fighting Eminent Domain Abuse
Popular outrage over eminent domain abuse may have waned a bit since the Supreme Court’s poorly-reasoned Kelo ruling in 2005, but economic development takings remain…
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Senate Finance Passes Health Reform Bill
Earlier today, Senator Olympia Snowe (R-Me.) announced that she would vote in favor of the health care reform bill authored by Senate Finance Committee Chairman…
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The Wages of Government Unions
The Economist‘s current Lexington column highlights the growing public resentment at the widening disparity between compensation and job security in the private and public…
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Regulation of the Day 59: Pharmacy Interns in Colorado
It is illegal to intern for a pharmacist in Colorado without a license.
Newsletter
Climate Negotiations, Senate Health Care and the Nobel Prize
Climate negotiators attempt to reach an agreement ahead of UN-sponsored talks in December. The Senate Finance Committee prepares to vote on health…
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Markets vs. Special Interests
"It is precisely the fact that the market does not respect vested interests that makes the people concerned ask for government interference."…
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CEI Weekly: EPA Should Reopen Proceedings After Data Deletion Story
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's petition to the EPA to reopen proceedings because of…
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Regulation of the Day 58: Banning Children from Playgrounds
A new regulation in Kensington, Maryland bans children over five years old from using a local playground between 9:00 am and 4:00 pm.
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Precisely Backwards
Few things are more taxing than our elected officials’ economic illiteracy. How sad that visiting a wonderful country like ours may soon be one of…
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Regulation of the Day 57: Minimum Price Agreements
A new Maryland law makes it illegal for manufacturers to set a minimum retail price for their products in sales contracts. The law is meant…
Newsletter
Retail Prices, Utility Politics and Swine Flu
The Maryland legislature bans manufacturers from setting minimum retail prices for their products. Florida Gov. Charlie Crist plays hardball with the state’s public utilities. Doctors…
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Now Crist Goes after Utilities
Not content with exposing Florida to financial catastrophe by taking on responsibility for insuring coastal properties, Florida Governor Charlie Crist (R) continues his assault…
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Corporate Human Rights?
Over at the Detroit News, Hans Bader and I explain why corporations have human rights despite not being human. The reason why? Transaction costs.
Newsletter
Climate Science Destroyed, Online Drug Advertising and Opposing Net Neutrality
A government-funded research center destroys the original data behind its predictions of global warming. The Food and Drug Administrations seeks input about online advertising of…
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Regulation of the Day 56: Kahlua in Ohio
Kahlua contains 20% alcohol in 49 states. But in Ohio, it is 21.5%. Weird, huh? Turns out regulations are the reason.
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Net Neutrality and Rent-Seeking
Net neutrality proposals give companies the incentive to seek rents at each other’s expense when they could be benefitting from each other’s innovations instead.
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Unemployment Rises to 26-Year High of 9.8%; Obama’s Policies Worsen Unemployment and Credit Crunch
Unemployment has risen to 9.8 percent, a 26-year high. That’s much higher than the Obama administration predicted unemployment would rise, if Congress had refused…
Newsletter
A Swine Flu Vaccine, Rising Unemployment and Limits on Executive Pay
The federal government launches a swine flu vaccine campaign. Alan Greenspan predicts increased economic growth, but also rising unemployment. The White House moves to limit…
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Video Response to Will Ferrell MoveOn.org: People Are Saying Mean Things About Big Government!
Remember that Will Ferrell, celebrity-packed video on Obamacare last month? The one from MoveOn.org? One of those “we’re from Hollywood, and we’re here to…
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CEI Weekly: CEI Battles Climate Change Policies
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's response to disastrous climate change policies being pushed in…
Newsletter
Questionable Stimulus, EPA on CO2 and Underfunded Union Pensions
Experts question the economic wisdom of government stimulus spending. Critics of the Environmental Protection Agency’s plan to regulate carbon dioxide emissions point out the cost…
News Release
Unemployment Report, Real Solutions
Today's unemployment report showed the U.S. jobless rate reaching 9.8 percent, the highest since 1983. And although unemployment is referred to as a "lagging indicator"…
Newsletter
Credit Card Fees, Nike Resigns and EU Chemical Policy
Convenience store chain 7-Eleven lobbies for restrictions on credit card processing fees. Nike resigns from the board of the U.S. Chamber of Commerce in protest…
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Big Labor’s Big Prize in Health Care “Reform”
In his Wall Street Journal column today, Holman Jenkins highlights one of the prizes at stake for organized labor in the current health care…
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Rowdy Unionists Shout Down Opponents
Yesterday in Harrisburg, rowdy unionists disrupted a rally held by two Pennsylvania state legislators to promote legislation to end project labor agreements (PLAs), which…
Op-Eds
Retailers Shortchange Customers in Credit-Card Fee Fight
Today, 7-Eleven Inc. and other big retail chains will hit Capitol Hill to offer Congress members and their staffs a supersize serving of hypocrisy.
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Senate Finance Committee Rejects Public Option
Liberal Democrats are fuming. House Speaker Nancy Pelosi (D-Cal.) and House Commerce Committee Chairman Henry Waxman (D-Cal.) remain committed to a "public option". President Obama…
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It’s Complicated
Journalists have a tendency to present overly-simple explanations of current events that often turn out to be false. Part of it is due to the…
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New Study on How Government Employee Unions Squeeze Public Budgets
As in other states, government employee unions oppose cuts that would affect their members. All unions do this, but public sector unions are different.
Newsletter
Opposing Net Neutrality, TSA Unionizing and Banning Soft Toilet Paper
The Washington Post editorializes against the FCC’s proposed “net neutrality” regulations. The American Federation of Government Employees seeks to unionize airport safety screeners and other…
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Obama Slaps Unconstitutional Gag Order on Critic of His Health Care Plan
While Obama ally ACORN attempts to gag whistleblowers who exposed its role in a recent scandal, the Obama administration is trying to gag…
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Obama Losing Youth on Health Care
The National Journal had an interesting article this week describing the difficulty Democrats have been having getting young adults interested in the health care debate.
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ACORN Sues Whistleblowers for Exposing Its Wrongdoing in Scandal
ACORN is now suing the whistleblowers who allegedly filmed it promoting illegal sexual activities for $2 million! And not just them, but…
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DC Councilman Graham’s Chief of Staff Indicted on Bribery Charges Related to Taxi Legislation
Graham's chief of staff, Ted Loza, has been indicted on bribery charges relating to the taxicab legislation.
Newsletter
Net Neutrality, Insurance Reform and Another ACORN Scandal
Senate Republicans abandon an attempt to stop the FCC’s proposed net neutrality regulations. New Orleans braces for the arrival of “Out of the Storm 09:…
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The Economics of Net Neutrality
Over at the Washington Examiner's Opinion Zone, I apply what I learned back in Economics 101 to the net neutrality debate. It's all about scarcity.
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Hard-Left Obama Policies Draw Criticism for Undermining Democracy, Security, and the Rule of Law
In his 2008 campaign, Barack Obama talked a lot about “bipartisanship,” but in office, he has governed from the far left, on both domestic and…
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Gypsy Cabs Coming soon to DC?
If you’ve ever been to Brooklyn, you’ve almost certainly seen firsthand the shortage of taxis that has been created by New York City’s licensing restrictions,…
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Slate’s William Saletan vs. the Food Cops
Slate’s William Saletan has had it with the growing overreach of the food police, a reaction which he acknowledges puts him in unusual company.
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Regulation of the Day 55: Home Environmental Inspections
If cap and trade passes, almost all homes for sale would be required to undergo an environmental inspection. The home cannot be sold until it…
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ACORN’s Empire Will Expand Under Obama’s Health-Care Plan and Financial Rules
Congress recently voted to cut off federal housing funds to controversial group ACORN. But since most federal money goes to ACORN-related…
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Obama Speech to the UN: The Data
Myron has already pointed out how most of what the President claimed were the threats from global warming are exaggerated. Here’s the data to…
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Finding Something to Praise in Obama’s Speech Today
While this speech is mostly hogwash, I am surprised and delighted to be able to find one thing to praise in it: Later this…
Newsletter
Obama on Global Warming, Blocking Net Neutrality and Car-Free Day
President Obama delivers a speech before the United Nations, saying that the U.S. is “determined to act” on global warming. Republican senators announce legislation that…
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Regulation of the Day 54: Shovelnose Sturgeon
Why does the Fish and Wildlife Service want to list it as a threatened species? Because it looks like the pallid sturgeon, which is currently…
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Regulation of the Day 53: Y2K
In which the case for regulatory sunset provisions is inadvertently made.
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An Independent Analysis
The Greens keep trying to change the subject when it comes to what the released Treasury documents about cap-and-trade actually show. They’ve got a bunch…
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Public Option Is Not The Worst Aspect Of ObamaCare
"If liberal health-care reform is going to make people better off, why does it require "a very harsh, stiff penalty" to make everyone buy it?…
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Firing Blanks on FOIA Part II
In his update to his post, Declan McCullagh notes an objection by the Center for American Progress: The fourth objection is the most compelling.
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Firing Blanks in Response to FOIA
A previously unreleased analysis prepared by the U.S. Department of Treasury says the total in new taxes would be between $100 billion to $200 billion…
Orange County Register
A Wider Regulatory Net
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NYT Love Letter to FDA
New York Times reporter Gardiner Harris has a front page article in today's paper on the head of the Food and Drug Administration's Office of…
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Regulation of the Day 52: Bar Food
In Arlington County, Virginia, there exist twelve restaurants that are required to sell $350 of food per one gallon of liquor purchased from the Virginia…
Newsletter
The Costs of Cap and Trade, Deadly Auto Regulations and Rockefeller on Health Care
The U.S. Treasury Department admits that a “cap and trade” system for regulating greenhouse gas emissions could cost every household $1,761 a year. New fuel…
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Solis Tells AFL-CIO: “I am proud and humbled to be your humble servant…”
The AFL-CIO, at its recent convention in Pittsburgh, had much to celebrate, including the fact that a Labor Secretary showed up to pay tribute to…
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Obama Financial Regulations Make Things Worse, Promote Risky Loans, Destroy Banking and Lending Options
President Obama is now pushing financial regulations that reinforce the worst features of the status quo. They…
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Beer for my Horses
The global-warming industry would probably still be solely owned by assoted cranks and romantics (and the odd vice president) if it weren’t for a…
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Regulation of the Day 51: Mandatory Hand Sanitizing
In Jersey City, New Jersey, the school district is requiring students to “sanitize their hands when they walk into the class in the morning, before…
Newsletter
Obama on Wall Street, EPA Backlash and Health Care Roadblocks
President Obama gives a major speech in New York on the future of Wall Street. The Environmental Protection Agency’s attempt to censor data on global…
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Obama scolds Wall Street, but targets Main Street with regs
One year after the Wall Street meltdown, President Obama…
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Regulation of the Day 50: Tires from China
The burden is on tariff supporters to explain why they think people who live in one country are more deserving of economic opportunity than people…
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Scientist Who Saved a Billion Lives Dies; Congress Blocks Reform of Law Based on Junk Science
Norman Borlaug, the scientist who saved a billion lives by fathering the Green Revolution, died Saturday at the age of 95. His work…
News Release
One Year After Wall Street Meltdown, Obama Targets Main Street
One Year After Wall Street Meltdown, Obama Targets Main Street Statement by John Berlau of CEI Center for Investors and Entrepreneurs Washington, D.C., September…
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The Man Who Fed the World
Norman Borlaug was an American agricultural scientist and plant breeder whose work sparked what is now known as the Green Revolution. He was recognized with…
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Obama Administration Undermines Airline Security and Railroad Safety: 9/11 Lessons Ignored
In the aftermath of 9/11, Congress foolishly shifted airline security screening to the inept Transportation Security Administration (TSA), which has failed to detect explosive ingredients…
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