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

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Free the Economy podcast: Energy diversity and abundance with Stephen Perkins
In this week’s episode we talk about the 2025 Nobel Prize in Economics, eliminating the Consumer Financial Protection Bureau, why we…

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The hidden growth of government in an age of less red tape
Recent editions of Ten Thousand Commandments detail how regulatory red tape mushroomed under Biden. For vulnerable small business, the Small Business & Entrepreneurship Council…

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The week in regulations, shutdown edition: Pot gear and hot air fuel
Venezuelan democracy activist Maria Corina Machado won the Nobel Peace Prize. The partial federal shutdown meant there were no proposed regulations and five new regulations…
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Yet Another Way That Obamacare Is Unconstitutional: The Arguments in Florida v. HHS
In the Washington Examiner, I discuss the brief I recently filed on behalf of Minnesota and North Carolina legislators challenging Obamacare, which…
Op-Eds
GOP’s ‘Durbin Dozen’ Keeps Dodd-Frank Price Controls
Anywhere but the Senate, getting 54 votes out of 100 is a victory. And Wednesday, a bipartisan group of 54 Senators responded to concerns from…
Blog
GOP Durbin Dozen Blocks Dodd-Frank Rollback
Anywhere but the Senate, getting 54 votes out of 100 is a victory. And yesterday, a bipartisan group 0f 54 Senators responded to concerns…
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Regulation of the Day 180: Braiding Hair
Businesses often use regulations as a cudgel to bludgeon their competitors. Occupational licensing is one of the most-abused types of regulation.
Blog
Delaying Dodd-Frank’s Durbin Price Controls Would Save Retailers From Themselves
Today is the day, as a bipartisan amendment comes to the Senate floor delaying draconian price controls on debit card transaction fees from Dodd-Frank's Durbin Amendment, that the Senate has an…
Op-Eds
To Stimulate Economy, End Predatory Abuse Of Antitrust
Among numerous steps needed to stimulate a double-dipping economy, one is to make antitrust not pay anymore. AT&T’s $39 billion merger with T-Mobile (a…
Citation
Vincent Vernuccio on the Pay Freeze That Wasn’t
Competitive Enterprise Institute Labor Policy Counsel Vincent Vernuccio explains that President Obama's so-called pay freeze for federal workers did not affect automatic "step" and "grade"…
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The Last Nail in the Coffin for the Fairness Doctrine?
In response to calls by lawmakers for the Fairness Doctrine and related measures to be permanently removed from the Federal Register, FCC Chairman Julius Genachowski…
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Liberal Economist Peter Diamond Withdraws from Contention for Federal Reserve
MIT’s Peter Diamond has withdrawn his nomination to the Board of Governors of the Federal Reserve System. I earlier explained how Diamond’s nomination by…
Blog
Wisconsin Proposal Hurts Craft Beer, Protects Big Brewers
In the battle between international brewing giants SABMiller and ABInBev, Wisconsin craft brewers could bear the heaviest burden. On May 31, the state legislature’s Joint…
Comment
Official Time: Good Value for the Taxpayer?
Full Testimony Available as a PDF Watch Video of the Hearing Here Official time does not represent good value…
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Regulation of the Day 179: Giving Food to Homeless People
Last Wednesday, three people were arrested in Orlando for giving food to homeless people.
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E. Coli Outbreak Linked to Organic Farming … Again
Although it’s not 100 percent certain at this time, German health officials are becoming increasingly certain that the recent E. coli…
Op-Eds
Nobody for Commerce Secretary
In choosing John Bryson as his nominee to be the next U.S. secretary of commerce, President Obama has chosen a perfect representative of our new…
Pittsburgh Live
Needed: A washing machine that washes
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Even Liberal Washington Post Casts Doubt on Auto Bailouts
"Only 16 percent of executives in the auto industry" support the Chrysler bailout, according to the Washington Post’s editorial today. I think the bailout…
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Regulation of the Day 178: Helping Tornado Victims
Mike Haege, a tree-trimmer in Hastings, Minnesota, was threatened with jail and fined $275 for helping clear damaged trees from tornado victims' yards.
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California Social Networking Bill In Its Death Throes
In Sacramento, California, a bill that would regulate social networking is reportedly on its death bed after failing by five votes last week. The online…
Blog
Regulation Roundup
Tennessee makes it illegal to use someone else's Netflix password, plus more.
Blog
NFL, Players in Court Today
Today is a crucial day in the ongoing labor dispute between the NFL and the supposedly disbanded players’ union, the NFLPA as they return to…
Blog
Planning to Disaster: San Diego and California’s Sustainable Communities Strategies
The San Diego metro area has been institutionalizing its boring reputation by undertaking in recent years what is arguably the most aggressive regional planning effort…
Pittsburgh Live
Deregulation Now!
Today’s much weaker than expected employment numbers show that the president’s agenda of more regulation and increased spending has undoubtedly failed. However much…
News Release
Depressing Unemployment Numbers Today Exacerbated by Crushing Regulations, Obama Labor Union Agenda
Washington, DC, June 3, 2011 – Bad news for the American economy and the Obama administration comes today in the form of paltry job growth…
Blog
A Culture of Deceit
Last month Governor John Lynch issued a statement explaining his veto of HB 474 to make New Hampshire a right-to-work state. His explanation included:…
Blog
An Alaskan Mining Project: One Example of How Environmental Regulations are Strangling the U.S. Economy
Rick Manning of Americans for Limited Government notes here that one of the reasons the American economy is stuck in neutral is that investors…
Study
The Battle for Michigan
Full Document Available in PDF Michigan’s economy has been weakening for years as the Big Three…
Pittsburgh Live
Lawmakers At Odds Over ‘Official Time’
Pittsburgh Live
“Official Time” or Unofficial Scam? Your Tax Dollars Are Being Used For Union Business.
Pittsburgh Live
“Official Time” or Unofficial Scam? Your tax dollars are being used for union business
Pittsburgh Live
Vincent Vernuccio on Official Time
CEI Labor Policy Counsel Vincent Vernuccio discusses unions using taxpayer money for their own organizational activities.
Detroit News
Michigan Target of EPA Carbon Diktat
Yahoo! News
Taxpayer Watchdogs: $14 Trillion U.S. Debt Leaves No Room For Treasury-Backed Loan Guarantees For Energy Projects
Investors.com
Palin: End All Energy Subsidies
Blog
CEI Podcast for May 31, 2011: FDA Rescinds Approval of Breast Cancer Drug
Conko believes this battle boils down to one question: who decides which treatments patients can use? Will it be the FDA, or doctors and patients?…
Blog
California High-Speed Rail All Strung Out on Stimulus on the Outskirts of Town
Emily Washington of Market Urbanism highlights this Los Angeles Times article on the latest — depending on your outlook: hilarious or pathetic —…
Daily Caller
Immigration Reform Can Jumpstart Economy
Jeffrey is a talented electrical engineering PhD student at CalTech. He already holds three patents. One of his inventions may cure glaucoma. It is…
Wall Street Journal
Not So Cool Rules
The Wall Street Journal cites Wayne Crews's study on the size of the federal regulatory burden. The best measure of the overall regulatory…
Blog
Regulation Roundup
Some of the zanier happenings in the world of regulation:…
Wall Street Journal
Washington Declares War on Debit Cards
Wall Street Journal
Critics: Obama Milk Reg Change ‘Udderly’ Ridiculous
Wall Street Journal
Are Milk Spills Toxic?
CEI’s Director of the Center for Energy and Environment Myron Ebell discusses the extent of federal regulations. The Environmental…
Blog
CEI Podcast for May 26, 2011: President Obama Proposes Deregulation
Cass Sunstein, President Obama's regulatory czar, announced today that the administration intends to repeal regulations from 30 different agencies. CEI Vice President for Strategy Iain…
Blog
Obama’s Regulatory Reform: The Costs of Benefits
My colleagues commented above on the Cass Sunstein lecture at the American Enterprise Institute called "Regulatory Look-Back: A First Look," about agency's supposed eagerness to…
Blog
Avastin and Breast Cancer: The Median is Not the Message
The New York Times ran an op-ed yesterday by oncologist Frederick Tucker urging the Food and Drug Administration to stand by…
Blog
Deregulatory Baby Steps
In a welcome move, the White House announced this morning that a review of regulations by government departments had found 30 (count 'em) regulations…
Blog
Sunstein and Obama, Deregulators?
Winston Churchill observed that "Americans can always be counted on to do the right thing...after they have exhausted all other possibilities." We may finally be…
PJ Media
The Price of Beauty: Chemicals in My Cosmetics?
I am not a morning person, but every day a host of personal care products — from toothpaste to mascara — help me transform…
Reuters
Revamped Vehicle Fuel Economy Stickers Add GHG, Savings Data
Blog
Regulation of the Day 177: Single-Wide Trailers
In Cordova, Alabama single-wide trailer homes are illegal. After years of lax enforcement, regulators are cracking down after tornadoes left many residents homeless.
Blog
NLRB Targets Boeing, Ignores Congress
It is now well known that the Obama administration is trying to use the National Labor Relations Board (NLRB) as a battering ram to…
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