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
Free the Economy podcast: Consumer finance and privacy with James Erwin
In this week’s episode we talk about the decline of electric vehicles, liberation for home appliances, the failure of tariffs to…
Blog
Time to end the Christmas tree tax
Fun holiday fact: the federal government has a Christmas Tree Promotion Board. It works a bit like a trade association does in the private…
Blog
The week in regulations: Fuel casks and water beads
The Federal Reserve cut interest rates. President Trump proposed $12 billion in giveaways to farmers harmed by his tariffs. Agencies issued new regulations ranging from…
Search Posts
Washington Times
Red tape recession
The Washington Times reports on Wayne Crews's study on the federal regulatory burden. On Monday, the Competitive Enterprise Institute (CEI) released its analysis…
Newsmax
Hidden Tax’: Govt Rules Cost Economy Nearly $2 Trillion
Newsmax reports on Wayne Crews's study on the size of the federal regulatory burden. Even as politicians and pundits debate taxes and spending —…
Blog
Ten Thousand Commandments
The 2011 edition of Wayne Crews’ “Ten Thousand Commandments” was released today. The annual study gives a big-picture view of the regulatory state. You can…
The American Spectator
How Regulations Add to the Cost of Government
As many of us rush to finish filling out our tax returns, we should remember that what we pay out in taxes — and how…
Washington Examiner
Regulations are Politicians’ (and Lobbyists’) Best Friends
The annual ritual of calculating taxes and rushing to file is upon us today. And it is hardly news that the ever-increasing complexity of the…
Washington Examiner
There Is No ‘Regulation Day’ to Remind Us How Much They Cost
Every year we are reminded how much money the government filches from us on Tax Day. However, there is no equivalent ‘Regulation Day’ to remind…
News Release
Tax Day Report Sounds Alarm on the $1.75 Trillion “Hidden Tax” of Federal Regulation
Washington, D.C. April 18, 2011 – Federal regulations cost even more than the skyrocketing federal budget deficit, and help bring the federal government’s share of…
Forbes
The Economy Needs A ‘Deregulatory Stimulus’
Forbes references Wayne Crews's study on regulation. Assessing the width and breadth of the regulatory state is Clyde Wayne Crews of the Competitive…
New American
CEI Targets Regulations in Annual Report
The New American highlights the report on the regulatory state by Wayne Crews. The Competitive Enterprise Institute released a report today entitled Ten…
Cato At Liberty
If There Were An Annual ‘Regulation Day’
Cato at Liberty points to the writings on regulation of experts Iain Murray and Wayne Crews. As Iain Murray points out at National…
Blog
YouTube Introduces “Copyright School” to Educate Infringing Users
In the ongoing copyright debates, areas of common ground are seemingly few and far between. It's easy to forget that not all approaches to…
Washington Times
Trillion Dollar Rules
The Washington Times features Wayne Crews's study on the size of the federal regulatory state. As a fitting finale for tax season, keep…
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…
Washington Times
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…
Washington Times
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.
Washington Times
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…
Washington Times
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
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