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
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Free the Economy podcast: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
Blog
The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
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Chicago Voters Reelect Legally Insane Judge
In November, Chicago voters re-elected a legally insane judge charged with a crime of violence. "The Cook County Democratic Party…
Blog
2012’s Year-End Regulatory Report Card
Both 2011 and 2010 finished with over 81,000 pages in the Federal Register, as tallied in Ten Thousand Commandments. These were the highest page counts…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
54 new regulations, from handling spearmint oil to drug testing railroad workers.
Blog
EPA Regulations Cost How Much?!
Over at the Daily Caller, I summarize my recent CEI Regulatory Report Card on the EPA. Recommended if you don't feel like reading the entire…
Citation
Obama’s Regulatory Cliff Draws Near
The scope is staggering. According to the Competitive Enterprise Institute, the overall regulatory burden has reached $1.8 trillion annually, and $215.4 billion in compliance costs…
Daily Caller
EPA costs US economy $353 billion per year
Transparency is the lifeblood of democracy. Washington needs more of it, especially in the all-too-opaque world of regulation. The…
Blog
Community Reinvestment Act Induced Banks To Take Bad Risks, Economic Study Finds
The Community Reinvestment Act, which "prods banks to make loans in low-income communities,” encouraged banks to make riskier loans, concludes a recent study…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
68 new regulations, from summer flounder fishing to switching contractors.
Blog
Fear The Regulatory Cliff, Not The Fiscal Cliff
Economist Bruce Bartlett notes that by cutting the federal budget deficit, the much-feared fiscal cliff will actually increase the size of the economy in the…
Blog
CEI Podcast For December 19, 2012: The EPA Regulatory Report Card
Fellow in Regulatory Studies Ryan Young talks about the need for more transparency in the world of regulation, as well as CEI's new EPA Regulatory…
Blog
Stuck in Time: Italy’s Politics
Things have a way of repeating themselves. This is especially true in Italy, where politics have been stuck in a time loop for the…
Blog
Path To Transparency: The EPA Regulatory Report Card
Transparency is in short supply in the world of regulation. How many rules does an agency have in the pipeline? How much will they cost?…
Study
Regulatory Report Card: Environmental Protection Agency
The quality of regulation depends heavily on its transparency. Taking to heart Justice Louis Brandeis’ stated belief that sunshine is the best disinfectant, the purpose…
Blog
The Regulatory Reduction Commission
In today's Washington Times, Wayne Crews and I write about a reform that has nearly two decades of bipartisan support, has a proven track record…
News Release
EPA Lacks Transparency, Is Far Costlier Than Other Agencies
WASHINGTON, D.C., Dec. 19, 2012 – Environmental Protection Agency (EPA) regulations now cost Americans an estimated $353 billion per year—almost twice the regulatory costs of…
Washington Times
Federal rules cost $10,000 per employee
What do the Progressive Policy Institute, former Sen. Phil Gramm of Texas, former presidential candidate Herman Cain and the Competitive Enterprise Institute have…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
69 new regulations, from Spanish translations of used car buyers guides to shortnose suckers.
Blog
Regulation Roundup
Montreal mulls requiring dogs to be bilingual, USDA regulates polydactyl cats, plus more.
Blog
PolitiFact Is The Liar Of The Year
PolitiFact falsely depicted Michael Cannon, the director of health policy studies at the Cato Institute, as suggesting that state law overrides federal law, erroneously…
Blog
CEI Podcast For December 12, 2012: Ending The Beer Monopoly
Fellow in Consumer policy Studies Michelle Minton argues that the beer industry in America is essentially a monopoly. In her new paper "Avoid a Monopoly…
One News Now
Regulations Aplenty
Ryan Young, fellow in regulatory studies at the Competitive Enterprise Institute (CEI), reports that as of December 3, 2012, 3,392 final rules have been published…
Forbes
Regulation Vs. Jobs: Assessing The Employment Impact Of Rules and Regulations
One might think there’s some official acceptance that the thousands of regulations issued annually in Washington have a dampening impact on job creation. But no;…
Blog
Obama’s Dangerous Italian Labor Rhetoric
[caption id="" align="alignleft" width="260"] President Obama spoke in Detroit on Monday[/caption] President Obama condemned yesterday Michigan’s forthcoming transition to a right-to-work state. He claimed,…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
94 new regulations, from apricots to civilian flights in Iraq.
Blog
CEI Podcast For December 6, 2012: Rising Public Sector Pay
Senior Fellow Matt Patterson discusses why public sector workers make substantially more money than their private sector counterparts.
Blog
When Gridlock Is Good: The Case Of The Toxic Substances Control Act
When it comes to traffic, gridlock is never good. And in politics, it's a big problem when lawmakers can't agree on a plan to rescue…
Blog
Beyond The Fiscal Cliff, Bipartisan Regulatory Reform
If I'm reading this right, the Progressive Policy Institute wants to roll back some over-regulation. It's not clear how much, but it does seem to…
Blog
What Is Green Chemistry?
Washington's state bureaucrats are soliciting proposals from "public and private sector firms to help create a technically competent and vibrant Green Chemistry Center to help…
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More Lawsuits Against Doctors, Hospitals Due To Senate Amendment 3215 To NDAA
Earlier, I wrote about a proposed amendment to the National Defense Authorization Act for 2013, which would dramatically increase lawsuits against schools and…
Blog
Official Time: Officially Outrageous
Would you be upset if you learned that your local tax dollars were funding a rival sports team in another state? Of course, but that, thankfully, is…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
88 new regulations, from phone bill formatting to food labels.
Blog
Intrade Is Only The Latest CFTC Outrage
Every so often, a government agency will do something so outrageous it will shock even even everyday critics of "big government," as well as draw…
Blog
Good Riddance! — SEC’s Schapiro Sabotaged Startup Law Supported By Obama
When President Obama appointed Mary Schapiro to head the Securities and Exchange Commission four years ago, I kept an open mind and was even cautiously optimistic.
Blog
CEI’s Battered Business Bureau: The Week In Regulation
32 new regulations, from dehumidifiers to solid waste.
Forbes
Regulatory Uncertainty Drives A Fish Farmer To Foreign Waters
Feeding 7 billion people is no small challenge. As it has from time immemorial, high quality protein harvested from the sea plays a major role…
Blog
CEI Podcast For November 21, 2012: Will Hostess Survive?
Senior Fellow Matt Patterson breaks down the controversy surrounding confection maker Hostess' perilous position.
Blog
Investment Falls Off A Cliff, Threatening Economy
Investment has fallen "off a cliff" reports The Wall Street Journal, as companies worry about the "fiscal cliff" at the start of next year,…
Blog
Overhyped Energy Drink Reaction
As has been reported extensively, the Food and Drug Administration has received several recent reports of alleged side-effects sustained by consumers who have ingested energy…
Blog
Liberal Judges: Equality Is Unconstitutional
On Thursday, a federal appeals court, dividing along ideological lines in an 8-to-7 ruling, struck down a provision of the Michigan state constitution prohibiting racial…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
48 new regulations, from medical paperwork to longshoremen’s headwear.
Blog
The Basel Cliff — Basel III’s Poisonous Recipe For The Economy
As if the "fiscal cliff," with its prospects of looming tax hikes, were not enough, big and small banks—and in turn consumers and businesses who…
Blog
Quote Of The Day: Knowing One’s Limits
Alfred Kahn's lesson for regulators: "Do you want to be precisely wrong or approximately right?"…
Blog
Businesses Against Deregulation
The trucking industry went to extraordinary lengths to fight deregulation in the 1970s.
Blog
Jeffrey Sachs: Macro-Keynsianism Is “Outdated And Outmoded”… So, We Need Micro-Keynsianism!
Jeffrey Sachs, the harbinger of bad policy, has written his first post-election column in the Financial Times, “Obama has four years to transform America’s…
Blog
Immigration Reform Resurrected!
Nothing makes politicians see the light like losing. Even while immigration restrictionists reassure themselves that the GOP’s immigration message is fine despite losing as…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
61 new regulations, from organic food residue to amateur rocketry liberalization.
Blog
D.C. Councilmember Mary Cheh Still Doesn’t Understand Driverless Cars
Last Sunday, The Washington Post published my op-ed criticizing the approach taken by Councilmember Mary Cheh's introduced legislation to legalize driverless cars in Washington,…
Blog
The Election Is Over: What Now For Regulation?
A midnight rush is on the way, though it will likely be smaller than if Romney had won the election.
Blog
CEI’s Battered Business Bureau: The Week In Regulation
60 new regulations, from dishwashers to falconry.
Blog
Alabama Unions Vs. Privacy: Organized Labor’s War On The Secret Ballot
By Matt Patterson and Crissy Brown Tomorrow, Alabamans will have the opportunity to enshrine the secret ballot into their state constitution. A proposal before voters called Amendment…
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