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: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
Blog
Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
Issues and Insights
After Iran, Trump Needs To Bomb The Administrative State Into Submission
Issues and Insights cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. “The regulatory tax of…
Search Posts
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Delaware to Erase a Remnant of Prohibition?
On April 6, a remarkable bill was quietly introduced in the Delaware state house. If it passes and is signed into law,…
Blog
Felix Salmon on Internet Gambling
He writes: But it’s insane to legalize an activity on the grounds that some tiny fraction of the people doing it are very successful…
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NFL Case Illustrates Power of Unions
The NFL's protracted labor dispute with The Union Formerly Known As The NFL Players' Association (TUFKATNFLPA) turned another corner yesterday. An Appellate Court ruling granted…
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Unionization by Regulation: House Oversight Committee Seeks Answers from Politicized NLRB, NMB
As unions continue to decline in their private sector membership, union leaders are seeking political solutions to their problems. President Obama will need organized labor’s support…
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Planning to Disaster: Paso Robles, Calif. Adopts Form-Based Code
I’ve previously written about the dangers of form-based codes (see here, for instance), the Euclidian zoning replacements that, rather than gut government planning abilities,…
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USDA’s War on Potatoes
The Wall Street Journal reports today that the U.S. Department of Agriculture is proposing to “eliminate the ‘white potato’ — defined…
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