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
The year the red tape died? Trump’s 2025 rule count hits historic lows
At the halfway point of 2025, the federal regulatory machinery is running at an unprecedented crawl. That’s good news. As tracked annually in my…

Blog
Trump executive order establishing a portal for regulatory dark matter
Even at the insistence of Congress in 2018, 46 federal agencies could only uncover only about 13,000 of their guidance documents and policy statements…

Blog
The week in regulations: Nuclear fees and unintentional otter injuries
The possible war with Iran did not escalate. The reconciliation bill debate continued, as did presidential pressure on the Federal Reserve to lower rates. U.S.
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Study
Ten Thousand Commandments 2011
President Barack Obama’s new federal budget proposal for fiscal year (FY) 2012 seeks $3.729 trillion in discretionary, entitlement, and interest spending. In the previous fiscal…
Blog
Senator Jim Webb Flunks Legislation 101: Says Congress Can’t Change the Law
Congress can always change the law if it chooses. For example, it passed the 1991 Civil Rights Act, which overturned many Supreme Court decisions interpreting…
Blog
Dulles Rail Union Giveaway to Increase Costs
An expensive rail line for passengers traveling in and out of the Washington, D.C. region's Dulles International Airport never struck me as a good use…
Op-Eds
Obama’s Budget Could Triple Tax Rates
In his deficit reduction “vision” speech on Wednesday, President Obama tried to distinguish his plan from that of House Budget Committee Chairman Paul Ryan by…
Blog
Education Department Undermines Due Process and Accuracy in Campus Sexual Harassment Cases
On April 4, the Education Department's Office for Civil Rights (OCR) sent the nation’s school officials a letter urging them to water down…
Blog
Los Angeles (City) Won’t Refuse Permits for Condomless Porn
After years of fighting and failed attempts to force Los Angeles County to require condom-usage on adult film sets, AIDS activists were finally successfully…
Op-Eds
The Obama Tax Hike Machete
In his deficit reduction “vision” speech on Wednesday, President Obama tried to distinguish his plan from that of House Budget Committee…
Blog
China Bans Time Travel
In further proof that communists never won the culture war in China, they merely shut down culture altogether, the Chinese government decided this week to…
Blog
STB Should Ignore Calls to Re-regulate Railroads
Yesterday, I filed a comment letter with the Surface Transportation Board (STB) on behalf of CEI regarding the board's request for comments prior to…
Blog
The Environmental-Industrial Complex
Sometimes the green part of green regulations isn't the environment. It's money.
Op-Eds
Democrats Fight Over Power, not Economics (Letter to the Editor)
Re: “EPA’s days as ‘rogue’ agency are numbered” & “Democrats will yield on everything but abortion,” April 11 Congressional Democrats’ approach to their pet projects…
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…
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