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
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…
Search Posts
Blog
More on the Microhoo Deal
The long-awaited collaboration of Microsoft and Yahoo on search has the tech business community abuzz. CEI analysts Wayne Crews and Ryan Young made their original…
Blog
(Un)Free Press Sticks it to the Essentials
The latest missive from the folks at Free Press has crossed the line: When challenged, the wireless carriers actually compare their industry to another: soda.
Blog
A Bailout for the First Amendment?
Dan Rather actually made the following two contradictory statements in the same speech: I personally encourage the president to establish a White House…
Blog
Prof. Gates’ property rights likely violated in arrest — but Obama was wrong to weigh in
Amid all the endless media psychobabble about “national conversations” and “teachable moments” – and we will no doubt here more of this in the reporting of…
Blog
Food Safety Bills Moving Through Congress
With all out attention diverted to the government's attempted takeover of the half of US health care that isn't already nationalized, the attempted destruction of…
Blog
The Challenge of Network Industries
“Network” industries such as electricity, air transport, telecommunication, freight rail, and internet services face a challenge with their competing flow and grid components. Flows are…
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