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: FAA ethics and Postal Service justice
Social Security will go bust in 2033. War with Iran is a real possibility. The Federal Reserve held interest rates steady, as expected. It is…

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Free the Economy podcast: The Reagan legacy in the 21st century with Dan Rothschild
In this week’s episode we cover FreedomFest 2025, the FDA’s war on effective sunblock, good news about critical minerals, and Walmart’s…

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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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The week in regulations: Pool ladders and helicopters
President Trump paused his Liberation Day tariffs after financial markets crashed. Even with the pause, America’s tariffs are still among the world’s highest. Agencies issued…
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Paul Atkins is an excellent choice to lead the SEC
On Wednesday, the Senate confirmed Paul S. Atkins to serve as chair of the Securities and Exchange Commission (SEC). As I have stated before,…
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What happened to never-needed regulations
CEI led a never-needed campaign during the COVID-19 pandemic. The idea was simple: if a regulation was causing harm in good times, it was probably…
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This week in ridiculous regulations: Helicopter hoists and migrant children
President Trump announced new auto tariffs that will take effect next week, raising the price of average-priced new cars from $3,000 to $10,000. Agencies issued…
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Trump’s deregulation push: Several steps forward—and some sideways
As I cover in a new column at Forbes, Trump 2.0 has brought a flurry of executive orders aimed at deregulation—one-in, ten-out rules,…
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This week in ridiculous regulations: Helicopter hoists and migrant children
President Trump announced new auto tariffs that will take effect next week, raising the price of average-priced new cars from $3,000 to $10,000. Agencies issued…
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