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.
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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…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
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Labor’s Day at the Federalist Society
Workers may get violent if their wages are cut. The United Auto Workers union (UAW) has a monopoly and was an anchor on the…
Blog
Regulation of the Day 73: Snow Globes as Terrorist Threat
Yes, larger snow globes probably violate the TSA’s three-ounce limit for liquids. But they are not bombs. They are, in fact, snow globes.
Blog
Health-Care “Reform” Bills Increase Costs, Endanger Access for Millions, Federal Experts Say
The healthcare “reform” bill backed by Obama “would reduce senior care,” and “could jeopardize access to care for millions,” report healthcare…
Blog
Andrew Cuomo Sues Intel
Over at the Washington Examiner's Opinion Zone, Wayne Crews and I explain why New York Attorney General Andrew Cuomo's antitrust lawsuit against Intel is a…
Blog
Regulation of the Day 72: Brass Toys, Killer of Children
Toymakers presumably choose brass because it is cheap, durable, and better than alternative materials. Now they will have to turn to those second-best materials despite…
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Obama Administration Hits Brakes on Project Labor Agreement
The Obama administration this week called off bidding on what would have been a union-friendly federal construction project bidding process, in response to a contractor complaint over…
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