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
Half of 2025’s public laws are Biden rule killers
In a notable twist, Congress has spent half of 2025’s lawmaking undoing Biden regulations. So far in the 119th Congress, 31 public laws have been…

Blog
The week in regulations: Blue food coloring and pipeline recordkeeping
The Liberation Day tariffs took effect on August 7. The president continues to announce new tariffs on pharmaceuticals, semiconductors, and more. Republicans are proposing gerrymandering…

Blog
Free the Economy podcast: Girlbossing the discourse with Emma Camp
In this week’s episode we cover the controversy at the Bureau of Labor Statistics, myths of the auto industry, and a…
Search Posts
Blog
Regulation of the Day 127: Landscaping
Angelina and Quan Ha, of Orange, CA, ditched their water-hungry grass lawn in 2008 to save money and water. The city promptly sued them.
Blog
Washington Post spreading more misinformation on Prius hoax
The media are still resisting admitting that James Sikes’s Wild Ride was just another Balloon Boy Hoax, in which they played a vital role. Thus…
Op-Eds
Dodd’s Main Street Punishment Bill
With the focus this week on health care’s “home stretch” and concerns about government limiting the ability of ordinary Americans to make choices about…
News Release
Broadband Plan Would Vastly Expand Government Power over the Internet
Statements by Competitive Enterprise Institute telecom policy analysts Wayne Crews and Ryan Radia on the FCC’s National Broadband Plan.
Blog
Dodd bill punishes Main Street entrepreneurs, rewards Fannie and other high rollers
With the focus this week on health care’s “home stretch” and concerns about government limiting the ability of ordinary Americans to make choices about medical…
Blog
Regulation of the Day 126: Cheese-Rolling Races
Cheese-rolling races have been held at Cooper’s Hill in Gloucester, UK since the 1800s. Until this year, that is. Health and safety regulators shut down…
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