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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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…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
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Intel v. Antitrust, U.S. Chamber Caves on Energy and Accounting for Unfunded Mandates
New York attorney general Andrew Cuomo files an antitrust lawsuit against Intel. The U.S. Chamber of Commerce caves into to special interest pressure on energy…
Blog
NY Attorney General Files Antitrust Suit Against Intel
Intel does not enjoy government protection of its market share, nor does it operate in a vacuum, immune from discipline if if its rebates are…
Blog
Regulation of the Day 69: Owning More than Three Cats
A new local ordinance in Dudley, Massachusetts makes it illegal to more than three cats without a license. Coaseian bargaining might be a better solution…
Blog
Regulation of the Day 68: Ironing Tables
At HPI's request, the International Trade Administration will continue to add anti-dumping duties to the price of its competitors' Chinese-made ironing tables. Sorry, consumers.
Blog
ObamaCare Blueprint Called ‘The Worst Bill Ever’: It Drives Up Taxes, Insurance Premiums, State and Federal Deficits, and Legal Bills
The Wall Street Journal calls the House version of President Obama’s health care plan “the worst bill ever,” noting that it…
Blog
If at First You Don’t Succeed, Change the Rules.
From attempting to manipulate the definition of “supervisor” to changing the way in which workers are organized, the above seems to be a…
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