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…
Search Posts
Blog
Re-organizing the Federal Government to Crush Opposition
One of the few virtues of the federal government has been its inefficiency. With functions spread out across different agencies and duplicated powers and responsibilities,…
Blog
Alcohol Regulation Roundup: January 13, 2012
Out with the old year and out with the old alcohol laws! 2012 is off to a great start with several states reducing the regulatory…
Citation
Myron Ebell: Environmental issues and the 2012 election
Myron Ebell: Environmental issues and the 2012 election…
Blog
Regulation of the Day 206: Buying Drain Cleaner
The state of Illinois now requires consumers to show valid ID to buy drain cleaner.
Blog
EEOC Says High-School Diploma is Discriminatory Requirement, Stretches Employment Laws to Harm Small Employers
The Equal Employment Opportunity Commission recently posted a letter on its website claiming that it is illegal for employers to have a high-school diploma requirement…
Blog
Price Fixing Causes Greek Medicine Shortage
Greece is rapidly degenerating into third-world status. The UK’s Daily Mail reports: Youngsters are being dumped by their parents who are struggling to make…
Blog
U.S. Economic Freedom Declines as Regulations Increase
Economic Freedom in the United States declined over the past year, according to the newly released 2012 edition of the Heritage Foundation/Wall Street Journal global…
Blog
Supreme Court Rejects Obama Administration Power Grab Over Churches in Hosanna-Tabor v. EEOC
The Supreme Court has rejected the Obama administration's argument that it can dictate who churches hire as ministers or clergy in Hosanna-Tabor Evangelical…
Blog
Regulation of the Day 205: Singing the National Anthem
Indiana state Sen. Vaneta Baker has introduced a bill that would make it illegal to sing the national anthem incorrectly.
Citation
EPA’s Latest Power Grab
Chris Horner explains the EPA's latest power grab involving private property rights in Idaho…
Blog
Regulation Roundup
The latest goings-on in the world of regulation:…
Blog
Fannie and Freddie Helped Spawn the Mortgage Crisis, and So Did Affordable Housing Mandates
In a recent letter in The New York Times, I noted the role played by the government-sponsored enterprises, Fannie Mae and Freddie Mac, in…
Blog
Regulation of the Day 204: How to Buy Liquor
Self-checkout lanes have been popping up in grocery stores across the country over the last several years. Some people worry that without the adult supervision…
Blog
Wisconsin: The Canary in the Coal Mine
Faced with a $9.2 billion budgetary shortfall next year, California Gov. Jerry Brown has not surprisingly reached for the only tool in the Democratic shed…
Blog
Regulatory Capture
Businesses, especially larger ones, aren’t afraid of regulation. They often welcome it. They can use rules to stifle competitors, or can pad their profits by…
Citation
The Backwards Purpose of EPA’s Environmental Justice Grants
Chris Horner explains the EPA's "environmental justice" grants.
Blog
Cordray Already on Board — In a Video — At Consumer Financial Protection Bureau
The Obama administration wasted no time in putting in place – in a home-page video — Richard Cordray as head of the Consumer Financial…
Blog
CEI Files Amicus Brief in Magner v. Gallagher, to Guard Against Financial Meltdowns and Racial Preferences
To help prevent another financial crisis, CEI helped file an amicus brief in a pending Supreme Court case, Magner v. Gallagher. The case tests…
Blog
Cordray Recess Appointment is Travesty for Government Accountability
News is just breaking that President Obama will today make a "recess" appointment of Richard Cordray to head the Consumer Financial Protection Bureau, a powerful and…
Blog
Obamacare Causes Layoffs in Medical Device Industry, Harms Medical Innovation
Ramesh Ponnuru writes about the layoffs and lost jobs resulting from Obamacare's new tax on medical devices at Bloomberg News: A year from…
Blog
Regulation of the Day 203: Sledding
Out-of-towners are not allowed to go sledding in Beaver Borough, Pennsylvania.
Citation
A New Year’s Resolution for Capitol Hill
Citation
Myron Ebell explains the benefits of a Fed. Judge blocking California’s plan to regulate emissions
Myron Ebell explains the benefits of a Fed. Judge blocking California's plan to regulate emissions…
Blog
CEI Podcast for December 29, 2011: A Record Year for Regulation
Vice President for Policy Wayne Crews talks about why 2011 was a record year for both new regulations and their cost, and his ongoing "Ten…
Blog
America’s Businesses Get It: Immigration Is Good
Anti-immigration advocates believe that harsh new laws will drive illegal immigrants out of the United States. They ignore the fact that the primary victim…
Blog
Obamacare Stifles Job Creation, Causes Layoffs
At Bloomberg News, Andrew Puzder, CEO of CKE Restaurants, Inc., explains how the 2010 healthcare law is preventing jobs from being created and resulting…
Blog
Record Red Tape
Over at Big Government today I noted the Federal Register of 2011 has almost reached the level of last year’s record. Given that 2011’s…
Op-Eds
Another Record-Breaking Federal Register? Federal Regulations Surge in 2011
The Federal Register is the daily depository of all proposed and final rules and regulations, as well as presidential documents, executive orders, agency internal…
Blog
Regulation of the Day 202: Farting Pigs
It isn’t often that one sees Nobel-winning economist Ronald Coase’s name and pig farts in the same sentence. Thanks to a recent court decision in…
Blog
Businessmen: Obamacare Stops Them from Hiring
Journalist John Stossel describes how "three successful businessmen came on" his TV show last week "to explain how Obamacare is a reason that unemployment stays…
Blog
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.
Blog
Memo to Gingrich: Credit Unions are Not GSEs
Let me begin this post with a disclaimer, of which many of our readers are already aware. The Competitive Enterprise Institute and OpenMarket.org do not…
Blog
FDA Needs to Act on Internet and Social Media Policy
Way back in September 2009, the Food and Drug Administration announced that it would begin using the social media site Twitter to share news and other…
Blog
Obama’s Transparency War Targets Climate Skeptics
President Obama ran on a platform of transparency. He praised whistleblowers. “Such acts of courage and patriotism,” he said, “should be encouraged rather…
Blog
NTSB Recommends Useless National Ban on All Mobile Phone Use while Driving
The National Transportation Safety Board (NTSB) yesterday called on all states to ban "the nonemergency use of portable electronic devices (other than those designed…
Blog
FDA Was Right to Deny Petition to Restrict Animal Antibiotics
I didn't have a chance to write about it then, but a few weeks back the Food and Drug Administration denied a…
Blog
A Nice Review of Stealing You Blind
David Hogberg of Investor’s Business Daily and The American Spectator has a very complimentary review of my book, Stealing You Blind: How Government Fatcats…
Blog
CEO of Land-Based Casino Morally Opposed to Online Gambling
File under Hypocrisy 101. Sheldon Adelson, the CEO and Chairman of Las Vegas Sands Corp., which owns some of the largest casinos in…
Blog
Immigration is Good for Natives
Alabama, South Carolina, and Georgia are joining the list of states with tough anti-immigration laws. On January 1, most of those laws…
Blog
Print Out Your Durbin Dollars
Senator Dick Durbin has a truly backwards view of how capitalism is supposed to work. Thanks to price controls produced by his amendment to the…
Blog
The GOP Response to TSA Strip-Searches
The TSA has allegedly strip-searched an elderly woman for wearing a back brace. They wrongly suspected it was a money belt. This search was security-unrelated;…
Blog
Dept. of Labor to Send Ag-Youths A’packin’
Regulatory war has been waged against another job-creating sector of the American economy. The U.S. Department of Labor has set forth new proposals restricting children…
Blog
Christmas Liquor Bans: Is Your State on the List?
If you were planning to go-a-Wassailing along this Christmas, you may want to read this post carefully so that you can plan your booze-buying accordingly…
Blog
Regulation Roundup
Boy, 7, kicks bully in the groin, school officials threaten sexual harassment charges, plus more.
Blog
NLRB Drops Case against Boeing – Finally
Today, the National Labor Relations Board (NLRB) announced that it has decided to drop its case against Boeing, over the airplane manufacturer’s opening of…
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