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
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…
Blog
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
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Newsletter
Bailout Power Grab, Abuse of Power in New York and Rising Sea Level Panic
White House economic advisers plan to convert government holdings in bailed out banks to common stock, increasing direct government control. New York State insurance chief…
Blog
Nationalizing the Banks? Stock Conversion May Backfire
The Obama Administration wants to convert the preferred shares the government got from banks in the bank bailout into common shares. In theory, it…
Newsletter
Hemispheric Diplomacy, Greenhouse Gases and Anti-Tax Protests
President Obama attends the Summit of the Americas with other leaders from North and South America. The Environmental Protection Agency declares greenhouse gases to be…
Newsletter
CO2, Microsoft’s Antitrust Overseers and Anti-Tax Activists
The Environmental Protection Agency prepares to release a document that could require the federal government to regulate emissions of carbon dioxide. The Justice Department extends…
Newsletter
Anti-Tax Tea Parties, College Quotas and Job-Killing Regulations
People across the nation rally to oppose high taxes and government spending in the spirit of the original Boston Tea Party. President Obama’s apparent support…
Blog
We Wouldn’t Have Teaparties If It Wasn’t For Rentseeking
Those who say we tried the free market and it failed should research the history of the Boston Tea Party a little. We didn’t even…
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