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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Will Lisa Jackson turn the Clean Air Act into a gigantic de-stimulus package?
Earlier this week, in a letter to Sierra Club climate council David Bookbinder, EPA Administrator Lisa Jackson said the Agency would reconsider, via…
Blog
Michigan Steps Aside for Stimulus
Oregonian brewers looking for a new home may want to consider moving to Michigan where a state authority may just understand the principle…
Blog
Bad McCarty! Bad!
Will regulators never learn? You can’t force businesses to actively pursue a business model that is unprofitable. Florida’s Governor Charlie Crist and Insurance regulator Kevin…
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Null Government
Well, the Spendulus/Stimulus will be signed into law within minutes. We’ll soon learn that even this Leviathan-In-A-Box is only the beginning of the Age…
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“Spendulus” conference report has passed the House
But thought you might be interested in one congressman’s last-minute appeal to sanity. You, dear reader, are a person things are done to.
Blog
Who Cares About the Consumer?
Electricity consumers beware! The so-called-stimulus bill includes provision for something called “decoupling.” E&E Daily reports: Also included in the final version is a requirement that…
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