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 week in regulations: Deepwater port licenses and nuclear credit ratings
Voters made known their feelings about tariffs, gas prices, and corruption. The FAA announced that it still uses floppy disks for air traffic control…
Blog
Free the Economy podcast: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
Search Posts
Blog
Governors Criticize Health Care Bill for Increasing Unemployment and State Budget Deficits; Tax Increases and Medicare Cuts in Bill Rise
Governors are now criticizing the health care bill backed by the Obama administration, saying it will cause health care costs and state deficits to…
Blog
Is There No Adult Supervision at the Campaign for Liberty?
My colleagues brought to my attention this grossly misinformed, misleading, and error-laden essay on the Campaign for Liberty’s website. The main thrust of the piece…
Blog
Will the Jobs Bill Create Any Jobs?
Over at the American Spectator, I explain why it won't, but a deregulatory stimulus would.
Blog
Even Associated Press Says “Beware” of Obama’s Health Care Overhaul; Retired Judge Calls Health Care Tactic Unconstitutional
Even the Associated Press admits that President Obama is not telling the truth about his health care plan and how it would affect health…
Newsletter
Ethanol, Human Achievement, and Technology
The Green campaign for the development of corn ethanol may be increasing greenhouse gas emissions. On March 27, people all over the world will turn…
Comment
The Future of Manufacturing
What is the Role of the Federal Government in Supporting Innovation by U.S. Manufacturers?…
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