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…
Search Posts
Op-Eds
Speak out against ‘fishing expedition’
Sir, Kudos to former ambassador Faith Whittlesey for her valid points about the Obama administration exerting “raw Goliath power” and breaching a bilateral tax agreement…
Blog
Yes, “Botch” is the right word.
Alex is right. “This IS one of these questions about what to do in the real world, where first-best solutions just aren’t politically possible†(emphasis…
Blog
Did the Supreme Court “Botch” Wyeth v. Levine?
I was initially going to post this as a comment to Greg Conko’s recent post arguing against the Court’s recent decision in Wyeth…
Blog
Imagine There’s No Agency
Washington spends and regulates, and it’s hard to make it stop doing either. Government agencies and programs attract constituencies that want to keep them around,…
Blog
Supreme Court Botches Preemption Case
Ms. Levine alleged not only that the warning on Phenergan's label wasn't strong enough, but that Phenergan was "not reasonably safe for intravenous administration," and…
Newsletter
Genachowski for FCC, Obama Meets with Gordon Brown and the Threat of a Carbon Tax
President Obama nominates technology advisor Julius Genachowski to head the Federal Communications Commission. British Prime Minister Gordon Brown visits the White House to discuss international…
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