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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Free the Economy podcast: Clear-but-false ideas with Kevin Williamson
In this week’s episode we cover the Trump tariffs being struck down, Biden’s competition order being vacated, and new research on…

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There’s something wrong with the Federal Register
The Trump-era Federal Register website has been glitching recently. Nearly two weeks ago, I noted on X/Twitter (tagging both @USNatArchives and @FedRegister) that the…

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The week in regulations: Deepwater ports and ASCII relays
A court ruled President Trump’s Liberation Day tariffs unconstitutional. The case now moves to the Supreme Court. Countries around the world stopped shipping parcels to…
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The Washington Examiner
Trump’s Regulatory ‘Impulses’ Threaten Victories Over Swamp
The Washington Examiner cites Competitive Enterprise Institute Vice President Clyde Wayne Crews regarding regulation in the Trump administration. President Trump has continued his unprecedented rollback of…
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This Week in Ridiculous Regulations
The rate of new coronavirus cases increased last week, adding a note of caution to tentative efforts at reopening. Regulatory agencies issued new final regulations…
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#NeverNeed Regulations and the Coronavirus
What is the appropriate public policy response to COVID-19 crisis? In a new short video, Kent Lassman makes the case for lifting government barriers that…
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This Week in Ridiculous Regulations
Friday’s 13.3 percent unemployment rate announcement was actually good news, and says much about the more than 600 regulations waived so far at various levels…
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Trump Executive Order to Expedite Project Approvals
President Trump on June 4 issued an Executive Order intended to expedite the federal approval process for major infrastructure projects. “Economic Recovery from the COVID-19…
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Pandemics, #NeverNeeded Regulations, and Ten Thousand Commandments
At Inside Sources, Wayne Crews and Ryan Young have an op-ed summarizing the main findings of Wayne’s new 2020 edition of Ten Thousand Commandments, plus…
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