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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The week in regulations: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies issued…
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Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
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Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
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A History of Interstate Commerce Part 1: Neither Interstate Nor Commerce
The Supreme Court’s impending decision on the constitutionality of the health care bill’s individual mandate presents a golden opportunity to review the history of the…
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Google and Antitrust: Economic Liberty in the Balance
Way back when the DOJ brought an antitrust suit against Microsoft in 1990s, Milton Friedman had this to say to The Wall Street…
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Alcohol Regulation Roundup: Longest Day Edition
Happy summer solstice everyone (it was yesterday, but this is the first full day of summer)! Wherever you are, I hope you're enjoying the maximum…
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Support Rep. Diane Black’s MTI to Halt Misguided Federal Support for “Distracted Driving” Laws
Today, Rep. Diane Black (R-Tenn.) issued a notice of her intent to offer a motion to instruct (MTI) [PDF] highway bill conferees to oppose…
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Net Neutrality: Two Concepts of Liberty
Two Concepts of Liberty In December of 2010, the FCC passed a network neutrality order mandating, among other things, that ISPs allow content to…
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Communication Workers of America Remain a Thorn in Verizon’s Side
Communication Workers of America is seeking government intervention in order to protect union jobs at Verizon’s unprofitable wireline industry. If the union’s call for intervention…
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