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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Permitting Reform for a Freer and More Prosperous Nation
Contents Special Advisors The Importance of Permitting Reform Part 1: 11 Principles for Permitting Reform Part 2: Statute-by-Statute Analysis for Permitting…
Blog
The week in regulations: Carbon nanotubes and colored sausage casings
President Trump enacted new tariffs against more than 60 countries. Some of the Canada tariffs invoke a never-used statute from the 1930 Smoot-Hawley Tariff…
Blog
Evaluating DOGE nearly halfway through Trump’s second term
One week after his victory in the 2024 presidential election, Donald Trump announced that he would create the Department of Government Efficiency (DOGE)…
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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…
Blog
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.
Blog
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…
Op-Eds
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…
Citation
Lawmakers At Odds Over ‘Official Time’
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“Official Time” or Unofficial Scam? Your Tax Dollars Are Being Used For Union Business.
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“Official Time” or Unofficial Scam? Your tax dollars are being used for union business
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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…
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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…
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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…
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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.
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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…
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New York Times on “Paternalistic” Government
The Dining section of today’s New York Times has a short piece reporting that the U.S. Department of Agriculture has lowered…
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Dismantling Sarbanes-Oxley
My colleague Ryan Radia and I recently wrote in an editorial for Investor's Business Daily that the 2002 Sarbanes-Oxley Act should be dismantled for the…
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Mind-boggling Increase in Tuition Since 1960 Even as Students Learn Less and Less
There has been a truly mind-boggling increase in college tuition since 1960. For example, law school tuition has risen nearly 1,000 percent after adjusting…
Blog
Alcohol Producers in Texas Must Unite For their Right to Produce
As discussed in my latest "Alcohol Regulation Roundup" post, a representative for brewing giant, Anheuser-Busch (AB-InBev) testified at a Lone Star State Senate…
Investor's Business Daily
Reform Sarbox To Galvanize High-Tech IPOs
Silicon Valley is teeming with budding startups whose user bases and valuations are skyrocketing. As these companies seek breathing room to grow, they will…
The American Spectator
Unionization Via Regulation
Are unions desperate? When it comes to reviving their fortunes in the private sector, it certainly seems that way. Union leaders, unable to reverse…
Mercury News
Informative New Window Labels for 2013 Vehicles Unveiled
Blog
California Card Check: Just Sign Here
The card check bill soon to be sitting on California Governor Jerry Brown’s desk is another attempt by labor unions to take away worker rights.
Blog
200 More Obamacare Waivers Granted
204 more waivers of Obamacare’s onerous mandates have been issued over the past month, bringing the total to at least 1,372. As…
Mercury News
Banking On National Economic Suicide
Blog
Regulation of the Day 176: Cooking a Burger
In North Carolina, it is illegal to cook a burger to an internal temperature under 155 degrees.
Blog
The Loony Left Era
The Economist has this to say about the NLRB’s pursuit of Boeing: The NLRB is an autonomous body, but its board members are appointed…
Blog
Alcohol Regulation Roundup: May 23, 2011
Alabama: Small vineyards in Alabama support a bill that would allow them to self-distribute up to 24,000 barrels a year, allowing them to compete…
Blog
Government Role in Causing Financial Crisis Much Bigger than Thought
Analysts who once downplayed the government's role in causing the financial crisis now have changed their tune, concluding that government regulations that promoted risky loans…
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Trumka’s Empty Threat to Democrats
AFL-CIO President Richard Trumka is warning Democratic politicians today: Push our agenda, or we won’t support you in the 2012 election. It’s hard to imagine…
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