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…
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Blog
Regulation of the Day 106: Clotheslines
Some homeowners' associations ban clotheslines. For people who would like to use clotheslines and aren't allowed to, this presents a problem. Now regulators want to…
Op-Eds
Michigan’s Auto Insurance Rates Aren’t Highway Robbery
In most games, fair play is understood as playing by the rules and reaping rewards or penalties within the game’s parameters. Yet for many…
Blog
“The Hole in the EPA’s Ozone Claims,” my piece in Forbes Online
To the EPA, “safe” is a constantly moving target—and that’s the way it likes it. Always something new to regulate, always a new hobgoblin from…
Blog
SOTU: Irish Entrepreneurs Put Politics to Productive Use
The Washington Examiner’s David Freddoso reports that Paddy Power, Ireland’s largest bookmaker, is taking bets on President Obama’s State of the Union speech…
Blog
Regulation of the Day 105: Not Driving Your Car
John Delacey of St. John’s, Newfoundland, Canada, received a court summons for keeping a car in his driveway and not driving it.
Blog
Better than Nothing or another Feint?
Seeking to recast himself as a fiscal conservative, Obama is projected to propose a freeze on discretionary spending – NPR, NEA, “green” jobs, “disaster” relief,…
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