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
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The Non-EU Space Code of Conduct
For over a year, there has been concern that the White House would sign an executive order requiring U.S. space activities to adhere to the…
Canada Free Press
The U.S. Is on a Suicide Watch
The Canada Free Press discusses the costs of federal regulation with Wayne Crews. In April 2011, Wayne Crews of the Competitive Enterprise Institute…
Blog
Judge Criticizes American Law Schools
A prominent federal judge has added to the growing chorus of criticism for American law schools and their failure to provide practical training for…
Canada Free Press
Ryan Radia: SOPA could change the way the internet works
SOPA could change the way the internet works. Now, some of the biggest websites in the world like Google and Wikipedia are going dark in…
Blog
WaPo Columnist Calls for Cordray’s Consumer Bureau to be “Big Brother”
"Big Brother." When commentators use that phrase to describe a government agency, it is most often not meant as a compliment. Rather, it is wielded…
Blog
New York Times Documents the Case for Freedom
It’s not every day that the front page of The New York Times has two articles that highlight the importance of limited government, but today’s…
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