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
The week in regulations: Honey taxes and airline delays
August’s job numbers were better than expected. President Trump threatened to cut off trade to all nations that export more to America than they…
Washington Examiner
It took 410 days to build the Empire State Building. Today, the EPA wouldn’t even pass the blueprint
When Congress gets back from its August recess, bipartisan permitting reform talks are expected to continue. There’s no reason…
News Release
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Search Posts
Blog
Supreme Court Rules in Favor of White and Hispanic Firefighters in Ricci v. DeStefano
The Court reversed a decision by the Second Circuit Court of Appeals, including Judge Sonia Sotomayor. . . The Supreme Court held that this was…
Blog
Regulation of the Day: School Buses
Because of overwhelmingly negative comments, DOT has decided not to go forward with a proposed change to federal school bus policy (isn’t education supposed to…
Op-Eds
Media Ignore Negative Aspects of Obama Agenda
Mark Tapscott is right that much of the media are “in the tank for Obama.” That’s why they failed to report on how his stimulus…
Blog
Green Pork and (Davis) Bacon
The alliance between organized labor and leftist environmentalists remains as strong as ever. As Carter Wood at Shopfloor.org notes, the Waxman-Markey climate change bill…
Blog
Regulation of the Day: Solid Waste
When an agency screws up really badly, political leaders will sometimes change the agency's name. The EPA’s Office of Solid Waste is now called the…
Blog
Obama’s Job-Killing Stimulus Package Replaced Investments With Welfare, Out of Political Correctness
Obama’s $800 billion stimulus package was purged of most investments in roads and bridges, and filled instead with welfare and social spending,…
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