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
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…
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…
Search Posts
Blog
ThinkProgress’ Schizophrenia on Crowdfunding and the JOBS Act
ThinkProgress, the blogging arm of the liberal Center for American Progress, is usually pretty good on enforcing the political left’s party line. But two of…
Op-Eds
Why Regulations Aren’t Good–Again
The first week of Spring is also “hooray, regulation” week at the White House. Regulatory policy chief Cass Sunstein, one of the most accomplished and…
Blog
Human Achievement of the Day: Mind-Controlled Prostheses
A breakthrough by researchers at Northwestern University is giving hope to millions of amputees that they might eventually regain some of the ability they…
Blog
A Bad Economy’s Silver Lining
The Economist hits the nail on the head — albeit a nail that has been well hit by many in the free market movement already.
Blog
Regulation of the Day 214: Flipping the Bird
Steven Pogue, 64, was cited by police for flipping the bird while driving in Ballwin, Missouri. He was exonerated on free speech grounds, and the…
Citation
EDITORIAL: Obama’s Bogus Rules
From a Washington Times editorial: The scope of federal rule-making is bewildering. More than 700 new final rules have been published this year,…
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