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.
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Is Congress even trying? 3,248 new rules vs. 175 laws
In 2024, federal agencies issued 3,248 rules and regulations, while Congress enacted only 175 laws. I refer to the simple ratio—19 rules for…
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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
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This Week in Ridiculous Regulations
Congress returned from recess, the Democratic presidential candidates had a debate, and the 2019 federal deficit topped $1 trillion with a month left to go…
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Unknown Societal Costs of Imposing Regulation Based on Secret (or Creatively Leveraged) Data
From the food pyramid and dietary guidelines, to vaping policies, to the Progressive zeal for eugenics, humility-challenged administrative experts can be mistaken, can mislead, or…
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This Week in Ridiculous Regulations
Contrary to my earlier prediction, the number of new regulations this year did not pass 2,000 last week, ending the four-day week at 1,991. Meanwhile,…
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Trump Tariff Costs to Outweigh Benefits from Deregulation
Early in the Trump administration, a series of executive orders slowed the growth of new regulations and removed some existing rules. From the start of…
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Department of Energy Expands Consumer Choice in Light Bulbs
The Trump administration took a pro-consumer step today as the Department of Energy finalized a rule that will allow certain types of lower-cost light bulbs to…
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This Week in Ridiculous Regulations
The UK parliament will soon be suspended for a five-week period, something the U.S. Congress should consider emulating as often as possible. Over in the…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
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Ryan Young
Senior Economist
- Antitrust
- Business and Government
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Fred L. Smith, Jr.
Founder; Chairman Emeritus
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Sam Kazman
Counsel Emeritus
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Marlo Lewis, Jr.
Senior Fellow
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- Energy and Environment