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
The week in regulations: Deepwater port licenses and nuclear credit ratings
Voters made known their feelings about tariffs, gas prices, and corruption. The FAA announced that it still uses floppy disks for air traffic control…
Blog
Free the Economy podcast: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
Search Posts
Blog
Biden’s regulatory landscape: A year-end analysis
As we ring in 2025, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration. We take our traditional year-end look at it here. The…
Blog
2024 Regulation roundup
All the major regulatory numbers for 2024’s new regulations are now in the books. Here are the highlights, followed by a little analysis and a preview…
Blog
Charting a glide path to overturn Biden regulations in the 119th Congress
As the 119th Congress and incoming Trump administration prepare to govern, one key weapon in their arsenal will be the Congressional Review Act (CRA)…
Blog
This week in ridiculous regulations: Marine ingredients and tips
The reconciliation bill process was more chaotic than usual. There were more than 100 new regulations this week, and more than 800 agency notices.
Blog
Free the Economy podcast: Mortgage market analysis with Mark Calabria
In this week’s episode we cover weaponization of financial regulation, the Kroger-Albertsons merger, and a spirited defense of ultra-processed foods.
Blog
Biden’s Fall 2024 Unified Agenda of regulations: The numbers, trends, and what’s next
The Biden administration’s Office of Management and Budget (OMB) dropped the Fall 2024 Unified Agenda of Federal Regulatory and Deregulatory Actions this past…
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