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
CEI’s Battered Business Bureau: The Week In Regulation
71 new regulations, from prune insurance to Colombian tariffs.
Blog
Fifty Years Later: Rachel Carson Is Still Wrong
Back in 1996, the Competitive Enterprise Institute’s Jonathan Tolman authored an article entitled "Rachel Was Wrong,” in which he explained why biologist Rachel…
Blog
Free Checking Nearly Extinct Thanks To Dodd-Frank; Will Credit Card Rewards Follow?
One year ago on October 1, Dodd-Frank's Durbin Amendment price controls went into effect, causing consumers to lose free checking and be soaked with other…
Blog
Unions Outgunning Opposition In Michigan
Organized labor is driving hard to enshrine collective bargaining right in Michigan State constitution. If Proposal 2 passes this November, they will have done…
Blog
Massive Payoff To City For Dropping Challenge To Tool Used To Impose Racial Quotas In Lending
The Obama administration declined to pursue a fraud claim worth up to $180 million against a city to get it to drop its pending…
Blog
Study Finds Diisononyl Phthalate Safe For Toys
While news sources, greens, and U.S. lawmakers hype the risks about children’s exposure to the chemicals found in a host of plastic…
Blog
In Rejecting EPIC’s Petition On TSA’s Strip-Search Machines, Court Effectively Orders Rulemaking Timetable
This afternoon, the D.C. Circuit Court of Appeals rejected the Electronic Privacy Information Center’s (EPIC) petition for writ of mandamus, which called on the court…
Blog
Driverless Cars Legalized In California
Just after 1pm PDT, California Governor Jerry Brown signed into law SB 1298, which explicitly legalizes the use and testing of driverless cars in the…
Blog
Work ‘til You Drop: Is This The Next European “Welfare?”
As Europe’s population ages, its widespread entitlement commitments will generate huge burdens on governments’ budgets. The economic consequences are easy to foresee: just think of…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
82 new regulations, from Indian casinos to bailouts for fruit tree owners.
Blog
State Capitalism Or Corporatism? Italy’s Carmaker Conundrum
Italy’s iconic car manufacturer, Fiat, announced Saturday its plans to keep its production base in Italy after months of threatening to leave for more…
Blog
Junk Science Is Worse For Your Health Than Egg Yolks
We all know that eggs contain a lot of fat and cholesterol. While that does not make them “bad,” most of us realize that if…
Blog
Regulation Roundup
Seatbelts for dogs, surveillance cameras for surveillance cameras, plus more.
Blog
Beware Of Unaudited Benefit Analyses
Regulatory agencies have an eternal incentive to expand their missions and grow their budgets. One consequence of this is that their cost-benefit analyses cannot be…
Washington Examiner
$1.8 trillion shock: Obama regs cost 20-times estimate
From Paul Bedard's column in The Washington Examiner: Current federal regulations plus those coming under Obamacare will cost American taxpayers and businesses $1.8…
News Release
Three States Join Constitutional Challenge to Dodd-Frank
Washington, D.C., September 20, 2012 – The states of Oklahoma, South Carolina, and Michigan today joined a lawsuit challenging the constitutionality of the Dodd-Frank Wall…
Blog
Can We Please Have A Grownup Discussion About Distracted Driving?
The National Highway Traffic Safety Administration (NHTSA) has released a new study on distracted driving [PDF]. According to the agency, 9 percent of total…
Blog
Economic Freedom Of The World
Non-economists tend to be much more skeptical about economic freedom than economists are. This in itself is a powerful case for free markets. But empirical…
Investor's Business Daily
Federal Agencies Should Stop Using Cost-Benefit Analyses
Every year, the Internal Revenue Service releases data on how much tax revenue it takes in. It never argues that the nation's tax burden is…
News Release
Regulation Nation?
WASHINGTON, D.C., Sept. 19, 2012 – Thursday morning, the House Judiciary Committee will hold a hearing: “Regulation Nation: The Obama Administration’s Regulatory Expansion vs.
Blog
As Union Popularity Fades, A Fight For Power Threatens Michigan
The major focus on issues involving public sector unions right now is the current teachers’ strike in Chicago. Now that the strike is in…
Blog
Striking: Right Or Privilege?
As the Chicago teachers’ strike is entering its second week, Mayor Emanuel has pledged to seek an injunction with the court to force instructors back…
Blog
The Sad, Early History Of Railroad Regulation: From Subsidies To Nationalization
CEI has long made it its mission to highlight to downsides and dangers of economic regulation. One classic example is the experience with America's railroads…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
76 new regulations, from DEA property seizures to place-of-origin requirements for wine.
Blog
Wisconsin Judge To Voters: “Drop Dead”
Who needs elections when you have judges? In Wisconsin, the voters have decided to reform their state's collective bargaining laws. They did so by, 1)…
Blog
Alcohol Regulation Roundup: Back To School Edition
Alabama: Up until last year brewpubs were illegal in Alabama due to a law that prevented beer being sold on the same site where…
Blog
Chicago Teachers Union: Overpaid Babysitters?
The grand themes of the current Chicago teacher's strike opera are broadly similar to other union-agitated public work stoppages. The union makes demands (more money, etc.) the city/company balks ("We can't…
Blog
Unions Seek To Make Michigan A Mediterranean State
On September 5, the Michigan Supreme Court gave a green light to the so-called “Protect our Jobs Amendment” (POJA) for the November 6 ballot. The proposed…
Investor's Business Daily
More than 1600 pages of regulations added to Federal Register last week, cost now $1.8 trillion per year
From Michael Bastasch’s article in The Daily Caller: Last week, 1,641 pages of regulations were added to the 2012 Federal Register, meaning it…
Blog
Federal Government: Fire Good Employees, Hire Bad Ones
The Obama administration is pressuring employers outside the financial sector to hire felons, even as its regulations force employers in the financial sector to fire "thousands…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
51 new rules and 1,641 Federal Register pages, from storing explosives to keeping fisheries accountable.
Blog
Collective Bargaining: Mythical Right Turned Constitutional In Michigan?
Everyone knows that our Founding Fathers’ primary motive during the revolution was to preserve collective bargaining for the carriage industries. That as Washington crossed the…
Blog
Want 1990s Job Growth? Go Back To Clinton-Era Deregulation
As much as the term “Forward” was used at the Democratic National Convention this week, the speeches of Bill Clinton and, to an extent, President…
Blog
Fact Checking Lilly Ledbetter’s False Speech At The Democratic National Convention
Former pay-discrimination plaintiff Lilly Ledbetter, in speaking at the Democratic National Convention on September 4, repeated the false claim that she learned about the…
Blog
Regulation Of The Day 228: Peyton Manning’s Jersey
School officials forbid 8-year old Colorado boy from wearing his Peyton Manning jersey to school because of possible gang ties.
Blog
CEI Podcast For September 27, 2012: The Future Of Generic Biotech Crops
Senior Fellow Greg Conko discusses his new paper, "Is There a Future for Generic Biotech Crops? Regulatory Reform Is Needed for a Viable Post-Patent Industry."…
Blog
CEI Podcast For September 6, 2012: Modernizing Air Traffic Control
America's air traffic control system can be charitably described as an antique. Land-use and Transportation Policy Analyst Marc Scribner describes some of the problems the…
Forbes
The Path To Job Creation Runs Through Regulatory Reform
From Ed Pozzuoli's column in Forbes: According to the Competitive Enterprise Institute’s Wayne Crews, regulation’s “hidden cost” has ballooned to $1.8 trillion on…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
74 new rules and 2,086 Federal Register pages, from migratory birds to cranberries.
Blog
Science And Technology Policy And The Democratic Convention
Now it's the Democrats' turn to gather for their convention in Charlotte and one element of the platform in common with basic Republican philosophy is…
Forbes
Congress looks at sales taxes for online purchases
From Burton Speakman’s article in Vindy: Jessica Melugin, an adjunct analyst at the Competitive Enterprise Institute, argued it would be burdensome to ask online…
Blog
Regulation Roundup
Doormats banned in Leeds, exploding sausages in Canada, plus more.
Blog
CEI Podcast For August 30, 2012: Delayed FDA Rules Should Be Scrapped
Senior Fellow Greg Conko argues that these rules should be scrapped altogether for two reasons: they will do little to improve food safety, and they…
Blog
Regulation Of The Day 227: Returning From The Moon
When Armstrong, Aldrin, and Michael Collins returned to Earth after the Apollo 11 mission, they actually filled out a customs form.
Blog
In Free Speech Victory, SEC Lifts Gag Rule On Hedge Funds And Venture Capital
Today's proposed Securities and Exchange Commission (SEC) rule lifting the outdated ban on "general solicitation" by hedge funds and venture capitalists is a victory for entrepreneurs,…
Blog
Congress Should Create A Repeal Committee
David Deerson and I look at how such a committee might work in a piece over at RealClearPolicy:…
RealClear Policy
Congress Should Create a Repeal Committee
When Congress passes a highly unpopular bill that forces people to buy products from private businesses, and then the Supreme Court upholds it, something needs…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
76 new rules and1,687 Federal Register pages, from offshore drilling to odometers.
Blog
Regulation Roundup
A creative way to get around liquor permits, plus more.
Blog
Clinton Vs. Clinton (And Obama) On Deregulation
With little success on the economic front, President Barack Obama in 2012 is embracing much of his message on the economy from 2008. And from that playbook,…
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