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

News Release
Trump’s pick for Bureau of Labor Statistics should update data collection methods, not play politics
CEI labor and economy experts say President Trump’s nominee to head the Labor Department’s Bureau of Labor Statistics should improve data collection for jobs and…

Blog
Half of 2025’s public laws are Biden rule killers
In a notable twist, Congress has spent half of 2025’s lawmaking undoing Biden regulations. So far in the 119th Congress, 31 public laws have been…

Blog
The week in regulations: Blue food coloring and pipeline recordkeeping
The Liberation Day tariffs took effect on August 7. The president continues to announce new tariffs on pharmaceuticals, semiconductors, and more. Republicans are proposing gerrymandering…
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Blog
The Economist: Too Much Regulation
Sounds like writers for ?The Economist? have been reading some of CEI's regulatory research. From this week's magazine:…
Washington Times
No Master Lock on Job Creation
From Anneke Green's column in The Washington Times: The Obama administration’s favoritism for cronies is another drag on the business climate, such as…
Blog
CEI Podcast for February 16, 2012: Washington’s Prescription Drug Shortage
Patients are suffering from a nationwide shortage of more than 260 different prescription drugs, many of them for different types of cancer. Senior Fellow Greg…
Blog
Regulation of the Day 210: Transgendered Air Travelers
Canada is cracking down on the latest terrorist threat to innocent people everywhere: transgendered people. If their appearance doesn't match their ID's listed gender, they're…
Blog
Congress Seems Intent on Making Drug Shortages Worse
Now that the problem of prescription drug shortages has begun to affect children, members of Congress want to be seen as…
Blog
Regulation, Jobs, and Creating Wealth
Lobbying, politicking, and special favors are part and parcel of the regulatory process. The result is that many regulation-created jobs are not created on the…
Blog
Lame Duck Sen. Herb Kohl Continues Quixotic Battle Against Rail Carriers in Senate Highway Bill
Sen. Herb Kohl (D-Wisc.), who will not be seeking reelection this November, decided that he would make one last-ditch attempt to get his awful piece…
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Misconceptions about the Obama Administration’s Contraception Mandate for Religious Employers
There are a number of misconceptions about the Obama administration’s recent rule requiring employers’ health insurance policies (including those of religious schools and hospitals) to…
Blog
Regulation of the Day 209: Playing on the Beach
A recent Los Angeles County ordinance made it illegal to throw balls and even Frisbees on the city’s beaches.
Blog
Global Biotech Crop Acreage Up, Plus Clayton Yeutter on the Miracle of American Agriculture
Global planting of biotech crops grew 8 percent last year, to a record high of 395 million total acres, according to…
Blog
Government Thwarts Cancer Cures and Production of Life-Saving Drugs
The federal government thwarted a promising cancer treatment. The Food and Drug Administration (FDA) put Dr. Stanislaw Burzynski on trial twice, saying “it did…
Washington Times
How to Swap the Obama Budget for an Optimistic Economic Growth Agenda
New spending in President Obama’s $3.8 trillion fiscal year 2013 budget would increase investments in education, manufacturing and R&D, transportation projects, electric vehicle incentives and…
Blog
The STOCK Act’s Muzzle and How to Fix it in Conference (Update)
My colleagues David Bier and Ryan Radia contributed to this post. Per the scenario in a previous post, it’s April 2012. You are a…
Blog
Good News/Bad News On Human Spaceflight Regulation
In a bill passed last week authorizing the Federal Aviation Administration for another year, the moratorium on regulation of the safety of spaceflight participants, in…
Washington Times
The Burden of Federal Rules: Our Other Trillion Dollar Debt
During the State of the Union address, President Barack Obama ridiculed regulations like one designating spilled milk an “oil,” and exclaimed, “In fact, I’ve approved…
Blog
Utah Doubles Down on Gambling Prohibition
It’s not news that regulators in Utah are often uncomfortable allowing residents to make their own decisions about how, when, or if they engage…
Blog
CEI Podcast for February 2, 2012: The FDA’s Latest Power Grab
Fellow in Consumer Policy Studies Michelle Minton breaks down the FDA's behind-the-scenes push to regulate dietary supplements nearly as strictly as prescription drugs.
Blog
Facebook Filing Blasts Obama-Bush Overregulation of Sarbanes-Oxley and Dodd-Frank
In his letter to prospective shareholders in the middle of the 201-page "Form S-1" that Facebook filed yesterday afternoon to launch its much-anticipated initial…
Blog
Regulation of the Day 208: Re-Booking Flights
A new Department of Transportation regulation limiting re-booking fees caused one airline to add a $2 "Department of Transportation Unintended Consequences Fee" on every ticket…
Blog
12 More Law Schools Sued for Defrauding Their Students; Many More Class-Action Lawsuits Expected
The Chronicle of Higher Education reports that a team of eight law firms have just “sued a dozen more law schools across the country,…
Washington Times
The President’s Dangerous Grannynomics
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Alcohol Regulation Roundup: January 30, 2012
In national news: Congressman Kurt Schrader of Oregon announced last week that he is withdrawing his support of the CARE Act, the piece of…
Blog
Justice Kagan Should Recuse Herself from Obamacare Case
Only in Bizarro World can you claim someone is your attorney -- and thus shielded by attorney work-product privilege -- and then insist in the…
Blog
Michigan SEIU Scam the Product of Government Collective Bargaining
Proponents of government collective bargaining view it as a fundamental human right. The shameful actions of SEIU in Michigan, however, undermine this claim. In…
Blog
Regulation Roundup
A local ordinance in Suffolk, Virginia prohibits driving motorized vehicles under their own power within city limits, plus more.
Blog
Is Bush or Obama the Bigger Regulator?
What the President said on Tuesday is technically correct. But, as with almost all political statements, there is more to the story.
Blog
The Silver Platypus
Last week, the Metropolitan Washington Airports Authority announced it was considering scrapping the Silver Line stop at Dulles Airport. Though the Silver line was designed…
Washington Times
Social Security: The Birth of Big Brother
Nearly eight decades after President Franklin D. Roosevelt signed the Social Security Act into law in 1935, the program remains the most popular ever instituted…
Washington Times
Who’s the Bigger Regulator: Bush or Obama?
During his State of the Union address Tuesday, President Barack Obama got applause for acknowledging that some federal regulations are outdated, unnecessary or costly. He…
Blog
Stimulus was Designed to Provide Pork and Payoffs, Not to Revive the Economy
Harvard University economist Jeffrey Miron argued that the $800 billion stimulus package wasn't even designed to stimulate the economy, but rather to benefit…
Blog
A Hidden Cost of Antitrust Regulation
Bryan Caplan argues that antitrust enforcement literally kills people. Bill Gates has given away billions of dollars and saved countless lives. If not for the…
Washington Times
President Obama’s State of the Union? Hyper-Regulated
The 2012 State of the Union Address ought to address the Mistakes of the Union when it comes to over-regulation of…
Blog
Law Schools Teach Junk, Exaggerate Their Students’ Job Prospects
Propped up by government subsidies and regulations requiring students to attend law school before taking the bar exam, law schools waste their students' time teaching…
Blog
Obama, Scientific Integrity, and the State of the Union
With the State of the Union coming up, I’ve been wondering whether, or how, President Obama might address the Plan B fiasco…
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Regulation of the Day 207: Cold Medicine
The people of Illinois must present valid ID and be entered into a state database when buying cold medicine. Talk about adding insult to illness.
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Doctors Grow Disenchanted With Obamacare’s Costs and Burdens; Health Care Law Arbitrarily Discriminates
69% of physicians are “pessimistic about the future of medicine” because of the 2010 healthcare law, notes Dr. Marc Siegel in USA Today. “Just…
Blog
Dodd-Frank Claims 4,300 More Jobs, Reduces Consumer Choice in Mortgage Market
The Dodd-Frank law passed in 2010 in the name of “financial reform” has wiped out another 4,300 jobs: MetLife is closing down its growing…
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Obama Administration to People Needing Bone Marrow Transplants: Drop Dead
In December, a federal appeals court ruled in Flynn v. Holder that the National Organ Transplant Act of 1984 (NOTA)…
Blog
Court Ruling Broadening Americans with Disabilities Act Will Harm Taxicab Safety and Cost Hundreds of Millions
A federal judge last month barred New York City's “Taxi and Limousine Commission from issuing permits for taxicabs unless they're accessible to people who…
Washington Times
William Yeatman: Politics and the Keystone Pipeline
William Yeatman: Politics and the Keystone Pipeline…
Daily Caller
Obama is Ignoring His Own Jobs Council Recommendations
The Daily Caller discusses the federal regulatory burden with Wayne Crews. An analysis of just this year’s new regulations — and we’re only…
Blog
War on Drugs Keeps Badly Needed, Perfectly Legal Medicine Away from Sick People
Sick people, like those suffering from narcolepsy, are suffering from a manufacturing shortage of Adderall. That shortage was caused by the Drug Enforcement Agency,…
Blog
CEI Podcast for January 18, 2012: Dropping the SOPA
Wikipedia, Reddit, and other popular websites all went black today to protest SOPA and PIPA, two bills currently before Congress. Critics charge that the bills…
Blog
John Kay on the Market Economy
In a truly excellent column for the Financial Times today, John Kay lays out in a few hundred words a clear defense of the…
Blog
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
- 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