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
News Release
Senate Committee Considers Raising Efficiency Standards, Oblivious to the Mess They’ve Already Created
Contact: Lee Doren, 202-331-2259 Nicole Ciandella, 202-331-2773 Washington, D.C., April 12, 2011 – The Senate takes a step towards further…
Blog
Education Department Changes Burden of Proof in Sexual Harassment Cases Under Title IX
The Education Department is trying to change the burden of proof that many colleges and universities use in disciplinary proceedings over sexual harassment, despite court…
Citation
Activists Sue USDA to Block Herbicide-Resistant Alfalfa
Boston Globe
Google Cleared for ITA Purchase
The Boston Globe discusses the Google antitrust lawsuit settlement with Wayne Crews. The settlement came under fire from Wayne Crews, vice president for…
Blog
Education Department “Dear Colleague” Letter Shreds Presumption of Innocence in Harassment Cases, Ignoring Supreme Court
To promote due process, some college disciplinary systems recognize a strong presumption of innocence, requiring clear-and-convincing evidence of guilt for discipline. That practice is now…
Boston Globe
Still Burning Witches at the FCC
It seems that things are never quite perfect enough these days for the Federal Communications Commission to elect to leave competitive communications markets alone. When…
Blog
My Response to Simon Johnson’s Defense of Price Controls Benefiting Big Retailers
Two weeks ago, I wrote a post blasting 17 Republican senators who voted last year for Dodd-Frank's Durbin Amendment, which puts below-cost price controls…
American Thinker
Regulatory Dysfunction
American Thinker references Wayne Crews's study on the cost of government regulations. In a 2008 review of the cost of government regulations entitled…
Blog
Alcohol Regulation Roundup: April 6, 2011
Nation: Wine shipping is once again being threatened by federal legislation threatening to overturn Supreme Court decisions that clearly made it illegal for states…
Blog
Paul Ryan’s Budget Proposal is Half the Answer
This morning, Rep. Paul Ryan (R-Wisc.) unveiled a bold proposal to trim trillions off America’s bloated budget. It represents the only serious proposal out there…
Blog
CEI Podcast for April 5, 2011: Reforming the Railway Labor Act
Russ Brown, a vice president at the Labor Relations Institute and a CEI Adjunct Analyst, talks about recent changes made to the Railway Labor Act…
Blog
House Rejects Obama-Backed, Pro-Union Amendment to FAA Reauthorization Bill
This afternoon, the House passed the FAA Reauthorization and Reform Act of 2011. Perhaps the most contentious issue debated was a provision of the legislation that…
Blog
Meritless, Massive Class Action Lawsuit Against Wal-Mart Should Be Dismissed
As a lawyer who used to bring class-action discrimination lawsuits for a living, I am puzzled by press sympathy for the massive, meritless class-action lawsuit…
Blog
Gail Giggles at Consumer Choice in the NYT
Gail Collins has a truly inane opinion piece in the NYT today, in which she excoriates those people -- Tea Partiers and libertarians --…
Blog
Six Pages of Legislation, 1,000 Pages of Regulation
HHS is about to issue over 1,000 pages of new regulations stemming from a 6-page section of last year's health care bill.
The American Spectator
Unionization Through Regulation
Changing election rules to favor one side is something we usually associate with dictatorships. Yet a U.S. federal agency did just that recently, as…
Blog
Alcohol Regulation Roundup: March 29, 2011
With April Fool's Day just around the corner, you might think that I'm pulling one over on my readers with the some of the laws…
Blog
Delaware DOT Removes a Public Menace
One wonders just how many regulations this rogue basketball hoop violated in the 60 years it spent terrorizing an unsuspecting Delaware neighborhood.
Blog
Maine Gov. LePage Looks to Reform for Balanced Budget
Governor Paul LePage and Maine have skirted the public attention present in Wisconsin, Ohio, and Michigan that have proposed budget reform bills. Maine has proposed…
Blog
March Madness
In the closing days of March, not only are sports fans a bit crazy, so also are the electorate. Consider the German state of Baden-Wuerttemberg,…
The American Spectator
Antitrust In the Airwaves?
For a moment there I was thrilled that AT&T and T-Mobile were merging, thinking how great it’ll be to finally get reception this coming Easter…
Blog
Senators Seek to Censor Mobile App Stores, Disregarding Public Safety and the Constitution
In the latest example of big government run amok, several politicians think they ought to be in charge of which applications you should be able…
Study
Class Conflict
Gainful Employment Proposal Penalizes At-Risk Student Populations and Hurts the Economy…
News Release
New CEI Study Challenges Department of Education’s “Gainful Employment” Rule
Washington, D.C., March 24, 2011 – In a new study released today by the Competitive Enterprise Institute (CEI), author Kara Cheseby challenges the…
Blog
TTB Should Allow, Not Mandate Nutritional Labels
Last month I penned an article for BigGovernment.com in which I asserted that some large alcohol producers were in favor of the nutritional label…
Blog
CEI Podcast for March 21, 2011: How Washington Ruined Your Washing Machine
CEI General Counsel Sam Kazman talks about how ever-stricter energy efficiency regulations are making washing machines more expensive and less effective than they used to…
Daily Caller
Hammertime: Japanese silver lining? Not hardly
Blog
Alcohol Regulatory Roundup: St. Patrick’s Hangover Edition
While you guzzled green beer and nursed the subsequent hangover, politicians and other interested parties were busy creating or preventing regulatory headaches of their own.
Blog
Are Text Messages an Antitrust Issue?
Text messages cost 20 cents to send, even though they use a fraction of a penny of bandwidth. What gives? Antitrust authorities want to know.
The Wall Street Journal
How Washington Ruined Your Washing Machine
It might not have been the most stylish, but for decades the top-loading laundry machine was the most affordable and dependable. Now it’s ruined—and Americans…
American Spectator
Are Text Messages an Antitrust Issue?
Text messages are expensive. Most carriers charge customers 20 cents for every text they send. But the tiny messages use up only a fraction…
Blog
Interchange — Will 16 Republicans Again Back Durbin’s Price Controls? (Corrected)
Correction: In the original post, I erroneously included Sen. Mike Crapo twice, when I meant to include Sen. Mike Enzi (R-Wyo.) as one of the pro-price…
EWeek
White House Asks for Do Not Track Legislation
EWeek discusses legislation on "Do Not Track" search engine features with Wayne Crews. Congress should be very wary politically defining "Do Not Track,"…
Blog
The War on Scent Continues
Nevada's legislature is considering restricting or banning pesticides, potpourri, air fresheners, candles, and pretty much anything with a scent in public places.
National Review
Broken-Window Fallacy Alert
Blog
Regulation of the Day 167: Wearing Perfume
Portland, Oregon is banning city government employees from wearing perfume or cologne at work.
Blog
Bidding Bon Voyage to Nationalized Wind Insurance
According to several Gulf Coast legislators, the idea of adding wind insurance to the National Flood Insurance Program is not going to happen anytime soon.
National Review
Japan’s Nuclear Crisis: Where Is Steven Chu?
Anyone who has done a little reading on the Japan nuclear crisis will know that we’re facing a less dangerous situation than Three Mile Island.
Blog
Unintended Consequences, Low Flush Toilets
In yet another example of why prudence is necessary on the behalf of law makers, who might have a little more faith in the market…
Blog
Regulation of the Day 166: Cowboy Poetry
This year’s budget battle is especially heated. Democrats want the federal budget to be $3.7 trillion. Republicans want it to be $3.6 trillion. Both sides…
Blog
My Statement on the REINS Act Hearing
Here's my full statement on today's House Judiciary Committee hearing on the REINS Act: We commend the House Judiciary Committee for gathering distinguished experts…
Blog
Alcohol Regulation Roundup: Fat Tuesday Edition
Happy Fat Tuesday, everyone! While you enjoy that frosty alcoholic beverage, enjoy this latest round of alcohol-related regulatory actions throughout the nation:…
News Release
Major Reg Reform Bill, REINS Act, Vetted Before House Judiciary Committee Today
Washington, D.C., March 8, 2011 — Congress has an opportunity to restore oversight and accountability to federal regulatory agencies run amuck, as the House Judiciary…
Blog
How to Help Small Businesses
Politicians love small businesses. Almost every campaign stump speech gushes about how important they are for the economy. Never afraid to put our money where…
Blog
Obamacare’s Costs Rise, as Obama Backers Get Preferential Treatment
The cost of Obamacare continues to explode and exceed its sponsors’ predictions. HHS Secretary Kathleen Sebelius has now admitted to double-counting in the Obamacare…
Blog
Connecticut Legislation Seeks to Unconstitutionally Restrict Political Speech by Employers
A Connecticut legislator is seeking to restrict the speech of employers on “religious or political” topics in pending legislation (House Bill 5460). The bill…
Blog
Compensate Donors for Giving Their Organs
My letter to the editor in today’s Washington Post: The Feb. 24 front-page article “New kidney transplant rules would favor younger patients” reported…
Blog
What Comes with Public Sector Collective Bargaining
The left has been successful in framing Governor Walker's efforts to end collective bargaining rights in the public sector as an assault on…
National Review
How About a Budget for Regulations?
We have a bad fiscal budgetary process that institutionally isn’t capable of controlling the trajectory of federal spending in any direction but up. We need…
Blog
Privatizing Education the Fix for Collective Bargaining Debate
The collective bargaining debate in Wisconsin has elucidated one critical point: The federal, state, and local government should not be involved in industries that can…
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