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…
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Blog
My Job Creation Proposal
Over at The American Spectator, I break down the debate over regulation's impact on the job market and propose one regulation that could create countless…
Letters
Coalition Letter Opposing $730,000 Conforming Loan Limits: Fannie-Freddie Subsidies for McMansions
The Competitive Enterprise Institute has signed a coalition letter with other individuals and public policy organizations opposing the expansion of government-backed mortgages for wealthy home-buyers.
Study
Green Chemistry’s March of the Ostriches
Popular myths about man-made chemicals cause lawmakers to bury their heads in the sand and support restrictive regulations that do not realistically address risks to…
Op-Eds
Letter to the Editor: Government Meddling Won’t Create Jobs
A recent op-ed in The Hill by Sen. Tom Harkin (D-Iowa) (“Attacks on workers’ rights won’t create jobs,” Nov. 15) highlights the need to…
Blog
What’s in My Makeup Bag? — Junkscience
The Oregon Environmental Council and the regional government for the Portland, Oregon, metropolitan area recently released a survey of young women regarding their personal…
Blog
Supreme Court Grants Review in Case Challenging Obamacare as Unconstitutional
The Supreme Court today granted certiorari in the Obamacare cases brought by 26 states and the National Federation of Independent Business. The court allotted 5…
Blog
Alcohol Regulation Roundup: Beer for Our Soldiers Edition
Not to overshadow the once-in-100-year numerically sequenced date, but today is also Veterans' Day. This isn't a great way to get free drinks at the bar…
Blog
2011 Federal Register Tops 70,000 Pages
The next time someone complains about America's unregulated cowboy capitalism, you should ask them where such a thing might actually be found.
Blog
A Backdoor Tax on the Poor
For some time now, the IRS has been flirting with what's called a return-free system. It's being touted as a time-saver. But it would also…
Blog
Smokers’ Opportunity to Quit Smoking Opposed by Blinkered Anti-Tobacco Zealots
As The New York Times' John Tierney notes, a tool to quit smoking and save lives is being blocked by anti-tobacco zealots: If you…
Blog
Liquor Privatization Would Edge Washington State Toward Freedom
Today voters in Washington State will finally have their say in whether or not to get the state out of the business of selling liquor.
DC Velocity
STB Decision Delaying Action on Rail Switching Leaves Shipper Group Hot Under Collar
Blog
Surface Transportation Board Rejects Misguided Push to Re-Regulate the Railroad Industry… For Now
Late last week, the Surface Transportation Board (STB) refused [PDF] to initiate a rulemaking (Ex Parte 711) proceeding that was petitioned by the shippers'…
Blog
Department of Labor Sells Out Union Members for Big Labor 1%
The Department of Labor (DOL) doesn’t need to loosen financial disclosure for union bosses to take advantage of union members’ dues. Yet, this is exactly…
DC Velocity
Michigan’s Keg Tracking Won’t Stop Underage Drinking
Few people will argue against preventing underage drinking. Michigan’s new keg registration law, however, an attempt to trace the buyers of kegs that end up…
Washington Post
A Stake in Financial Markets
Capital standards are critical to the stability of any financial system. However, whether such standards are better achieved by markets rather than political entities…
Blog
Regulation Roundup
If you're in Helena, Montana, never tie a horse to a fire hydrant. It's against the law. Plus more.
Blog
Obama Administration Contributes to Life-Threatening Drug Shortages Even as it Decries Them
In a recent column, Michelle Malkin explained how Obamacare price controls, FDA and DEA rules, and Obama administration policies have contributed to shortages of…
Bryan Triangle
Occupying the Wrong Place
Blog
CEI Podcast for November 3, 2011: Scary Makeup
Senior Fellow Angela Logomasini debunks scare stories that chemicals in makeup and other household products cause cancer, neurological disorders, birth defects, and other health problems.
Bryan Triangle
Reforming the FCC’s Regulatory Process
Blog
Wealthy Chanhassen, Minnesota, NIMBYs Oppose Retail Competition, Support Development Socialism
Reading the tired, silly claims of left-wing, anti-Wal-Mart activists generally makes me yawn. But it annoys me to see some of my former neighbors from…
Blog
Alcohol Regulation Roundup: November 2, 2011
A round up of the interesting booze-related news stories from around the nation. Hint: the two best are at the end. National: Our nation’s…
Blog
Bank of America Debit Decision Doesn’t Negate Dodd-Frank’s Costs to Consumers
Bank of America and other banks are cancelling plans to impose monthly debit card fees. This was one of the ways Bank of America, as…
Blog
Regulation is this Halloween’s Goblin
Uncle Sam may be the biggest spook to business this Halloween. A new Gallup poll of small business owners shows that “complying with government regulations”…
Bryan Triangle
Get a Job!
Repeal Financial Regs Repeal portions of the Bush-era Sarbanes-Oxley Act to make it easier for smaller companies to raise capital by going public,…
Blog
Yes, Regulation Does Keep Unemployment High
Over at RealClearMarkets, my colleague Wayne Crews and I argue that the law of demand holds. Hard to believe that's actually controversial, but that's Washington…
Bryan Triangle
Regulations Are The Boot On Hiring’s Neck
Daily Caller
Regulation Is This Halloween’s Goblin
American entrepreneurs and small business owners have good reason to be scared this Halloween. According to a new Gallup poll, small business owners consider…
RealClear Markets
Yes, Regulation Does Keep Unemployment High
When regulations make hiring employees more expensive, companies won't hire as many of them. It's a simple truth. But it is an inconvenient one…
Blog
Regulation Roundup
Yet another batch of regulatory bloopers: Motorists entering Tacoma, Washington, with criminal intent are required to telephone the chief of police. It is illegal to…
Blog
Biotechnology’s 29th Anniversary!
Twenty-nine years ago tomorrow, the U.S. Food and Drug Administration approved Eli Lilly’s and Genentech’s Humulin, making it the first ever fully…
Letters
Coalition Letter on Sarbanes-Oxley
Full Document Available in PDF Now that the Senate has defeated the so-called American Jobs Bill, which…
RealClear Markets
2012 Candidates Target Costly Enron-Era Law Aimed at Thwarting Accounting Fraud
Blog
Beware of Asking FDA to Change Itself
Every five years, Congress must reauthorize a piece of legislation called the Prescription Drug User Fee Act (PDUFA), which gives the…
RealClear Markets
Flat Tax This: Regulations Are the Boot On Hiring’s Neck
It’s almost 2012, and President Obama still wants a half trillion more from you for jobs spendulus. I’m waiting for Rod Serling to explain this…
RealClear Markets
Competitive Enterprise Institute and Americans for Prosperity Join Groups Opposing Ag Committee Proposal
Majority Leader Kevin McCarthy
House Republicans Work To Reduce The Burdens Stifling Growth For Businesses Small and Large
Blog
The House Considers Legalizing Online Gambling
Defenders of online gambling testified before the House today to beg for their right to gamble legally. Poker Players Alliance Chairman (and former U.S.
Letters
Coalition Letter on Agriculture Spending
Full Document Available in PDF The Competiitive Enterprise Institute signed a…
The Volokh Conspiracy
CEI “Durbin Dollars”
The Volokh Conspiracy
The Stimulus Delusion
Popular delusions are always debunked, but rarely before they do a lot of harm. The ancient physician Galen believed that bloodletting, the forced removal of…
ACLU
I Went to Washington and Democracy Broke Out
Bloomberg
Obama Wrote Fewer Rules Than Bush, Cost More
Bloomberg references Wayne Crews's study on the federal regulatory burden. The administration has 219 major rules under consideration, up from 137 in 2005,…
Blog
Alcohol Regulation Roundup: Ale-oween Edition
National: Phusion Projects, the makers of the now-infamous alcoholic energy drink Four Loko, have reportedly reached an agreement with the Federal Trade Commission (FTC).
SCPR
E-Verify Briefing Turns Into Shouting Match
Blog
Regulation Roundup
It is illegal to slurp your soup in New Jersey restaurants, plus more.
SCPR
Weekend Reading: The True Story of Cosmetics
Washington Times
Wholesale Deception
Beer wholesalers contend that alcohol legislation they are pushing on Capitol Hill would safeguard state and local rights – but in reality, it is…
Washington Times
RedBlueAmerica: Is ‘Regularity Uncertainly’ Holding Back U.S. Economy?
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