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
Liquor Privatization Still has Hope in Washington
As my colleague Angela Logomasini wrote in a post earlier today, voters in Washington State vetoed two measures that would have privatized liquor sales in…
Blog
Smart Growth Decreases Housing Affordability
Wendell Cox had an interesting article this week on his new findings on land-use regulation and housing prices. Long a critic of smart-growth…
Blog
Morning Media Summary
Tech: People have “right to be forgotten” online, says EU: “The European Commission wants to strengthen data protection rules to give more power…
Las Vegas Review Journal
Reining in the regulatory state
The Las Vegas Review-Journal discusses Wayne Crews's research on the size of the federal regulatory state. Congress passed and the president signed into law…
Blog
Regulation of the Day 156: Happy Meals
With an 8-3 vote, San Francisco's Board of Supervisors banned the greatest menace facing it or any other city: happy meals.
Blog
Will the NLRB Push Big Labor’s Agenda?
Organized labor expended enormous amounts of resources and effort to give Democrats control of Congress in 2006 and the White House in 2008. For this…
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