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
News Release
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Blog
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Search Posts
Blog
The Regulatory Costberg is melting — or is it? An update on Trump’s ‘one-in, ten-out’ initiative
In the first Trump administration, the longstanding Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions (the Agenda) was instrumental in assessing…
Blog
Can Trump proposed rule pull the plug on bad appliance regulations?
Many Americans dislike federal home appliance regulations, perhaps nobody more so than the current White House occupant, who routinely rails against them at his…
Blog
The week in regulations: Plywood emissions and squid specifications
President Trump’s war with Iran heated back up. ICE agents killed at least one more person. Senate candidate Graham Platner ended his campaign after…
Bloomberg Law
Trump push to slash regulatory red tape opens a crucial chapter
CEI’s Clyde Wayne Crews was cited regarding regulatory reform under the Trump administration in Bloomberg Law. Clyde Wayne Crews, a regulatory studies…
Blog
The Rulemakers: Which federal agencies dominate Trump’s 2026 Agenda?
Over the Independence Day holiday, the Trump administration released its 2026Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions (Agenda), which…
Blog
Diary of deconstruction: White House releases 2026 Unified Agenda of Federal Regulations
Since 1983, the often-tardy semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions (the Agenda) has surveyed recently completed and forthcoming rulemaking priorities across…
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