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: The Reagan legacy in the 21st century with Dan Rothschild
In this week’s episode we cover FreedomFest 2025, the FDA’s war on effective sunblock, good news about critical minerals, and Walmart’s…

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The week in regulations: CAFE standards and Christmas tree promotions
Israel launched a military strike against Iran. US Senator Alex Padilla was detained for trying to ask a question at a Department of Homeland Security…

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Congress should deregulate if it will not tackle entitlement spending
The Senate is currently reviewing the House version of the One Big Beautiful Bill in an effort to have President Trump sign the bill into…
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Judge Blocks Gulf Drilling Ban, Citing Deception by Obama Administration; Obama Continues to Delay Gulf Clean-Up
A federal judge has just blocked the Obama administration from imposing a blanket ban on drilling in the Gulf of Mexico.
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Supreme Court Upholds Controversial Antiterror Law; More Clues About Elena Kagan
Supreme Court nominee Elena Kagan was instrumental in getting President Clinton to veto a ban on partial-birth abortion. She also lumped…
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Obama Administration Blocks Clean-Up of Oil Spill by Louisiana and Foreign Allies By Imposing Red Tape
The Obama Administration recently used red tape to force Louisiana to stop using 16 barges that were cleaning up the Gulf…
Newsletter
Online Gambling, Orcs on Wall Street and the Chimera of Green Jobs
Congress continues to discuss a plan that would legalize online gambling in all fifty states. The government is on the prowl…
Blog
Friday Regulation Roundup
Arizona spends $1,250,000 to save 250 squirrels, plus more.
Newsletter
Financial Reform, Hurricane Season and Bank Fees
Congress continues negotiations on a major financial reform bill. Florida Governor Charlie Christ vetoes a bill that would have allowed Florida insurance companies to build…
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Congress Destroys Free Checking Accounts by Blocking Overdraft Fees for the Irresponsible
Banks can afford to offer free checking accounts with no minimum balance, to responsible people, only because they can charge overdraft fees to irresponsible people. …
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Mordor Looks For More Wealth For Its Orcs
John Gapper has a very good column in the Financial Times today. He issues a timely warning that governments are on the prowl, looking…
Letters
No Place for Corporate Welfare in Financial Regulation
Full Document Available in PDF As leaders of groups representing millions of Americans that comprise a Center-Right Coalition, we oppose price controls in…
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Obama Uses Oil Spill to Push Failed Energy Policies
In his speech last night, President Obama used the massive oil spill in the Gulf of Mexico to push his failed energy policies, such…
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Cell Phone Cancer Scare Refuses to Die
Some people are scared that cell phones cause brain tumors. There are enough of these bedwetters that San Francisco just passed a new law requiring…
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Financial “Reform” Bill Engages in Racial Engineering, While Ignoring Corrupt Mortgage Giants
Congress and the Obama administration refused to do anything about the corrupt government-sponsored mortgage giants, Fannie Mae and Freddie Mac, even though administration…
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Regulation of the Day 142: Ladies’ Night
Ladies’ night bar specials are illegal in Minnesota. They are unfair gender discrimination, according to the Minnesota Department of Human Rights.
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EPA Overreach
I have an article in the Washington Times today about the EPA’s new status as a rogue agency. It begins: The Senate undermined its…
Comment
Upcoming Supreme Court Decisions in Sarbanes-Oxley Case
Full Document Available in PDF The Supreme Court is expected to hand down its decision soon in a major case involving…
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Obama Blocked Clean Up of BP Oil Spill by Friendly Countries; International Assistance Blocked by Regulations Obama Had The Authority To Waive
Crucial offers to help clean up BP’s oil spill “have come from Belgian, Dutch, and Norwegian firms that . . . possess some of the…
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Obama Wants Taxpayers to Cough Up $50 Billion To Bail Out Public-Employee Unions
President Obama now wants Congress to spend $50 billion to keep state governments from laying off government employees. In essence, this is a bailout…
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Regulation of the Day 141: Mandatory Fire Sprinklers
Politicians love it when housing prices go up. That's why Cumberland, Maryland is mulling requiring all new homes to install fire sprinkler systems. Cost: $3,000-$9,000…
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CEI Weekly: Senate Defends EPA Power Grab
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the vote in the Senate on the Murkowski resolution that…
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AIG Bailout Had “Poisonous” Effect, Bailout Oversight Panel Says
“American International Group Inc.’s bailout had a ‘poisonous’ effect on the U.S. financial system because it demonstrated the government would protect Wall Street firms from…
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Regulation of the Day 140: Plastic
“Plastics are the future,” a pushy relative told a young Dustin Hoffman in The Graduate. Was he giving career advice -- or a warning?…
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BP Supported Obama Stimulus Package, Global Warming Bill, and Corporate Welfare; BP Bankrolled Obama Campaign
Columnist Tim Carney notes that BP, responsible for the massive oil spill, is “a close friend of big government whenever it serves the company’s…
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Global-Warming Bill Contains Ethanol Subsidies, Which Cause Famine, Hunger, Food Riots, and Political Unrest
People across the world “are being battered by surging food prices that are dragging more people into poverty, fueling political tensions and forcing some to…
Newsletter
BP, the Supreme Court on Corporate Accounting and Eliot Spitzer on CNN
Many are pointing to the BP oil spill as proof of the failure of free market capitalism. The Supreme Court is expected to soon hand…
Citation
Accounting Regulatory Failures
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Obama Uses BP Oil Spill to Push Corporate-Welfare-Filled Global Warming Bill That BP Once Lobbied For
Talk about chutzpah. President Obama, the biggest recipient of campaign cash from BP, is using BP’s oil spill to push for a global…
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CEI Weekly: How Deregulation Can Curb Terrorism
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Iain Murray's article in the American Spectator arguing for reform…
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Media Give Disgraced Politician Eliot Spitzer a Soapbox to Lecture the Public
Eliot Spitzer, who was forced out as Governor of New York after paying prostitutes tens of thousands of dollars and then violating federal finance laws…
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Friday Regulation Roundup
$300,000 of stimulus money to pay for floating toilets, plus more.
Blog
Today’s the Day
Today is National Donut Day. Ordinarily, this would be just another cute calendar event. But nowadays we’re bombarded by government proposals…
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Regulation of the Day 139: Mailing Fake Grenades
In which a new regulation actually makes some sense.
Op-Eds
Australian Resource Tax Will Dampen Innovation (Letter to the Editor)
Sir, Your editorial, “Taxmen vs miners: Australia’s resource super profit tax is a good idea” (May 31), argues that “natural resource profits are…
News Release
Supreme Court to Rule on Major Sarbanes-Oxley Case
Washington, D.C., June 3, 2010—The U.S. Supreme Court will soon hand down a major ruling which could put much-needed constitutional limits on an agency…
Blog
Obama Administration Pushes More Bailouts at Taxpayer Expense; America to Bail Out Corrupt Union Pension Funds
The Obama administration and its congressional allies are now pushing for billions more in bailouts for mismanaged union pension funds, and teachers unions. The union…
Blog
Regulation of the Day 138: Dwile Flonking
H.L. Mencken defined Puritanism as “The haunting fear that someone, somewhere, may be happy.” He may as well have been talking about regulators.
Blog
BP: A “Serial Environmental Criminal” With Close Ties To The Obama Administration
BP, which is responsible for the terrible oil spill in the Gulf of Mexico, has a safety record infinitely worse than other oil companies, which…
Op-Eds
Fee Free Way to Protect Consumers
The U.S. Senate, in the name of protecting American consumers, passed last month a massive financial regulation bill that creates the Bureau of Consumer…
Blog
Divorce Courts Mistreat America’s Soldiers and Small Businesses
Memorial Day is an opportunity to thank our troops, and open our eyes to the disgraceful way they are treated by divorce courts. The bias…
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CEI Weekly: CEI Sues NASA to Uncover Key Global Warming Docs
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's federal lawsuit against NASA to force them to comply…
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Massive Fare Hike in Washington, D.C. Subway System; Public Sacrifices, Overpaid Union Doesn’t
The mismanaged Washington, D.C. Metro system is pushing through huge fare hikes, not only increasing subway and bus fares, but adding a new 20…
Blog
Myths About Green Energy: The Truth Is, It’s Corporate Welfare That Destroys American Jobs
In The Washington Post, Robert Bryce debunks five myths about green energy: it won’t create jobs, won’t help the environment, and won’t make America…
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Federal Register hits 30,000 Pages
This year’s Federal Register is on pace for 73,459 pages. Like most of President Obama’s policies, this represents less than a one percent change from…
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Sudden Acceleration in Media Falsehoods Regarding Toyota
“Now that the dust has begun to settle on Toyota’s recall fiasco, it’s being made clear that the toll on human life was greater than…
Blog
Congress Expected to Vote Soon on Repealing “Don’t Ask, Don’t Tell” Policy Restricting Gay Soldiers
“Separate votes” are expected “in the House and Senate later this week on legislation repealing the ‘Don’t ask, don’t tell’ restriction on gays serving…
Newsletter
Union Bus Drivers, Fannie Mae Reform and Transportation Partnerships
In New York, bus drivers can take months of paid leave to recuperate from being spit on by passengers. The Obama…
Blog
More Bailouts for Corrupt Mortgage Giants: “More Aid Expected for Fannie, Freddie”
The bailouts are getting even bigger, for the most undeserving recipients. “More Aid Expected for Fannie, Freddie,” reports The Washington Post. The Obama administration…
Blog
California: Leading the Way in Failure
As one might expect of California, successful transportation public-private partnerships (P3s) face many government hurdles. In the early 1990s, the California Department of Transportation…
Citation
Obama’s Secular Socialist Legacy
Blog
Liquor Licensing Overhaul Brewing in NJ
Democratic Senator James Beach introduced a set of bills earlier this month that, if passed by the New Jersey state senate, will make it…
Blog
Corrupt Mortgage Giants Escape Reform: “Obama Administration Says Fannie, Freddie Reform ‘Too Hard'”
There won’t be any reform of Fannie Mae and Freddie Mac, the corrupt, government-sponsored mortgage giants that even Obama administration officials admit were at…
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