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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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…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
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SB 1070 Author: “I’m a Civil Libertarian”!
[caption id="attachment_54026" align="alignleft" width="300" caption="Russell Pearce with white supremacist J.T. Ready"][/caption] "As a civil libertarian… I don't want a police state. I want a…
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SB 1070 Summary: Read Arizona’s Controversial Immigration Law!
Arizona’s controversial immigration law -- SB 1070 -- heads to the Supreme Court this week. One can only hope that the Justices do a…
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Super Mario Hasn’t Saved Italy’s Entrepreneurs
Italian Prime Minister Mario Monti is full of optimism these days. He has claimed to achieve “historic” reform in Italy’s labor market and to beat…
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Gag Rule for Hedge Funds Challenged in Supreme Court on First Amendment Grounds in Bulldog Investors v. Galvin
Usually, you can advertise and discuss a product, even if not everyone is allowed to buy it. Thanks to the First Amendment, you can advertise…
Blog
$15 Trillion for… What, Exactly?
In a new study, Cato’s Michael Tanner finds that “Despite nearly $15 trillion in total welfare spending since Lyndon Johnson declared war on poverty…
Blog
Regulation of the Day 219: Cat Cafes
In a city as big as Tokyo, there is plenty of room for niche businesses. One niche is the neko café; neko is the Japanese…
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