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
Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
Blog
Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
Blog
This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Search Posts
Blog
Tyranny in Farmville
Two days ago, the advocacy group Consumer Watchdog filed an anti-trust complaint with the FTC seeking an investigation of Facebook’s allegedly anti-competitive practices. These…
Op-Eds
The USDA’s Anti-Science Activism
Full Document Available in PDF U.S. Department of Agriculture Secretary Tom Vilsack must…
Blog
Farm Workers Win in California
Late last night Governor Jerry Brown vetoed the California farm workers “card check” bill SB 104 for. The bill would have abolished workers right to…
Blog
Dodd-Frank Interchange Fee Price Controls Less Draconian, But Still Destructive
Today, at around 3:30 pm, the Federal Reserve will vote on a final rule that will make price controls from the Durbin Amendment of Dodd-Frank…
Blog
Federal Appeals Court Upholds Obamacare’s Individual Mandate in Divided 2-to-1 Vote
The U.S. Sixth Circuit Court of Appeals has upheld the individual mandate contained in the 2010 healthcare law by a 2-to-1 vote, claiming that…
Blog
Senate Judiciary Committee Pushes False Claim that Supreme Court is “Pro-Business”
The Senate Judiciary Committee is bashing the Supreme Court today as pro-business in a hearing that began at 10:30 a.m. Two of the…
News Release
CEI Slams FDA Vote on Avastin
Washington, D.C., June 29, 2011 — An FDA advisory committee voted today to revoke the approval for breast cancer treatment from the drug Avastin.
Blog
Regulation Roundup
King County's $86 fine for swimming without a life vest, plus more.
Comment
CEI Submits Comments on the Proposed Inspection System for Catfish
Full Document Available as a PDF The Competitive Enterprise Institute…
Blog
Supreme Court: California’s Ban on Violent Video Game Sales to Minors Violates Free Speech
California's ban on the sale or rental of violent video games to minors has been struck down by the Supreme Court as a violation…
The Wall Street Journal
Why Your New Car Doesn’t Have a Spare Tire
Auto makers comply with fuel economy mandates by making cars lighter and more dangerous. Fewer tires, higher taxes. That may be what’s in store for…
National Review
Obama Mandates a Market for His Green Cars
Blog
Rail Carriers, Shippers Battle Over Regulation Before the Surface Transportation Board
On behalf of the Competitive Enterprise Institute, I've been involved in an ongoing proceeding before the Surface Transportation Board, the independent Department of Transportation agency…
Blog
A Definition of Unsustainable: The Long-Term Budget Outlook
The Congressional Budget Office has released its latest edition of the Long-Term Budget Outlook, and it makes for grim reading. Federal debt is currently…
Blog
What Unions Could Learn from AARP
Last week the American Association of Retired Persons (AARP) announced a major policy shift regarding Social Security. Formerly seen as the largest opponent to…
Blog
Stealing You Blind: Plans for Future Theft
One of the themes of Stealing You Blind is how public sector unions have worked with politicians to organize an industrial-scale transfer of wealth…
National Review
Catching Air Without NASA: How Will We Regulate Commercial Space Flight?
What if having a vibrant space program requires bypassing NASA? There exist great pressures for change despite NASA’s signature successes. The private experimental launches…
Tech News World
FCC Aims to Get Carriers’ Sticky Fingers Out of Customers’ Pockets
Blog
We Need Regulators, Not Interveners
Most of what people call regulation doesn't have anything to with regular commerce. These kinds of rules are more accurately called interventions.
Blog
Meet Your New Mom: Kathleen Sebelius and Cigarette Warnings
Health and Human Services Director Kathleen Sebelius recently made a revealing statement on how she perceives the role of government and her place within…
Blog
A Peek Inside the Bureaucrat’s Mind
By now, this story about the city of Portland, Oregon, deciding to drain nearly 8 million gallons of water from one…
Blog
Improve Americans’ Physical and Fiscal Health: Cut Out the FDA
President Obama made a big show about cutting “red tape” government regulations that kill jobs and hurt the economy. In addition, members of the…
Blog
More Proof That Unions Don’t Improve Schools
Schools in right-to-work states (where unions are weak) are getting better and better over time compared to schools in heavily-unionized states. As Walter Russell Mead…
Tech News World
Upton: House Will Vote to Bring Back the Bulb
Daily Caller
Regulators Should Regulate Economy, Not Intervene In It
Just as surely as summer is followed by autumn, it seems that these days every proposed corporate merger is followed by antitrust complaints —…
New American
Regulating Jobs to Death
The New American discusses Wayne Crews's study on the size of the federal regulatory burden. A much more somber rendering of the regulatory…
Blog
“Uncertainty” Not the Whole Story of our Economic Doldrums
As those engaged in the policy battlefield, our focus is often on taking apart arguments used to advanced proposed solutions we disagree with. But sometimes…
Blog
New Bill Would Tax Online Gambling
Yet another online gambling bill to add to the pile, Rep. Jim McDermott introduced the igaming taxation and regulation bill that he unsuccessfully…
Blog
FDA Overkill on Cigarette Packaging
Get ready to see nine sensationalistic images depicting the dangers of smoking on cigarette packs beginning September 2012. Rotted lungs and teeth, chest holes,…
New American
Liberate ATMs and Credit Unions to Jumpstart Jobs
“ATMs don’t destroy jobs,” tweeted Davd Burge of the Iowahawk blog in response to Obama’s now-infamous “Today Show” explanation of unemployment. “Politicians who…
Blog
No Such Thing as an Average Cancer Patient
CEI Senior Fellow Greg Conko has an excellent piece in today's Wall Street Journal. Greg doesn't think it's right that the FDA is denying terminally…
Blog
The Cloak-and-Dagger Fed
Wiretaps, surveillance, and searches of private property cannot be authorized and executed without a warrant issued by a judge, who (hopefully) maintains the commitment to…
New American
There’s No ‘Average’ Cancer Patient
On June 28, the Food and Drug Administration (FDA) will hold a hearing to decide the fate of Avastin, a drug taken by thousands…
Blog
In Journalism, Scaremongering Pays — Or, Is Ethical Journalism an Oxymoron?
As legal commentator Ted Frank notes, ABC was rewarded for deliberate scaremongering and deceptive reporting that created needless fear and anxiety among Toyota owners…
Blog
Lessons in Entrepreneurship: Lemonade Stand Edition
Lemonade stands are technically illegal in Montgomery County, Maryland.
Blog
Government’s Next Scapegoat
The SEC is bringing fraud charges against leading credit-rating companies for not being thorough enough in their research to determine ratings on mortgage-backed securities…
Blog
Life, Liberty, and Internet?
Josh Smith reports in National Journal that Representative Doris Matsui (D-Calif.), has proposed legislation to provide subsidized Internet services to low-income Americans. The…
Blog
Wisconsin Supreme Court Upholds Collective Bargaining Law, Reversing Court Ruling Striking It Down
In a 4-to-3 vote, the Wisconsin Supreme Court has upheld the state's new law limiting collective bargaining with government-employee unions. As the Heritage Foundation's…
Blog
FDA Should Not Mandate Comparative Effectiveness Trials
AEI resident fellow Scott Gottlieb has a new paper out explaining why the FDA should not force…
Blog
Sunblock: Still Can’t Protect You from the FDA
The FDA is rolling out new labeling rules for sunscreen. First, sunscreens that don’t offer “enough” UVA protection (which has been shown to prevent…
Blog
Standardized Test Scores Continue to Disappoint
Children would be far better served if government were to take a leading role in K-12 education… oh, wait.
Blog
Shovel-Ready Was Never Shovel-Ready
President Obama has belatedly realized that the “shovel-ready projects” he touted so much in his stimulus bill two years ago were anything but: “Shovel-ready…
Knowledge Problem
Distortionary Effects of Three-Tier Liquor Regulation, Wisconsin Edition
Blog
Voodoo Economics Behind Government Demand for Mortgage Write-Downs by Big Banks
In 2010, Obama administration allies proposed a trillion-dollar bailout for those lucky mortgage borrowers whose loans were owned by the government-backed mortgage giants Fannie…
Blog
American Sociological Review Finds that Right-to-Work States are Better for Business
The June publication of the American Sociological Review contained research on right-to-work states. The research in “Laws of Attraction: Regulatory Arbitrage in the Face of…
Comment
CEI Submits Comments on the AT&T — T-Mobile Merger Before the Federal Communications Commission
Full Docmument Available in PDF The Competitive Enterprise Institute submits this reply comment regarding the…
Blog
Tea Party vs. Tea Partly
In noticing the upcoming debate tonight featuring Republican contenders, I wondered to myself under which candidate would the federal government actually be smaller after four…
Pittsburg Post-Gazette
Set free our risktakers
The Pittsburg Post-Gazette references Wayne Crews's article on the cost of federal regulations. Businesses must spend more than $1.75 trillion each year to…
Blog
Alcohol Regulation Roundup: June 10, 2011
Reporting from around the nation on the ridiculous, the sad, and the sometimes positive news about the state of alcohol regulations. National: BuyaBeerCompany.com, a…
Blog
Regulation Roundup
A new Senate bill would make lip-synching to other people’s music a jailable offense, plus more.
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