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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Holiday Travel Travails
Just in time for the holiday travel season, Vanity Fair’s Charles C. Mann took a trip through airport security with security expert Bruce Schneier.
Blog
2011 Brought Lots of Good News for Salt Lovers
With holiday cooking on most of our minds this week, it's worth celebrating some good news about one of the most beleaguered food ingredients: table salt. For…
Blog
Governor Dayton’s Baleful Influence on Labor Relations
Minnesota State Senator Mike Parry (R-Waseca) recently caused a stir with strong accusations against Governor Mark Dayton. “It's no secret that the labor unions helped…
Blog
Dick Durbin’s Hypocritical Quest for “Honest Information’ on Bank Fees
Senate Majority Whip Dick Durbin (D-Ill.) wants banks and credit unions to know that he's all about transparency and "honesty" in consumer fees. In his…
Blog
Alcohol Regulation Roundup: December 20, 2011
With the holidays near and all in good cheer, here is some alcohol news at which you can jeer. And you plan on having booze…
Blog
Useless Law School “Educations” Shielded Against Improvement and Competition by Special-Interest-Driven Regulations
The New York Times featured an excellent news story Sunday by David Segal on the costly white elephant that is legal education in America.
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