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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Free the Economy podcast: Total boomer luxury communism with Russ Greene
In this week’s episode we talk about Trump’s 10 percent credit card interest proposal (and the dangers of populist economics in general),…
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The 2026 Unconstitutionality Index: 18 rules for every law
Article I of the Constitution vests enumerated legislative powers solely with Congress. In practice, however, administrative agencies do most of the lawmaking. Congress enacts weighty…
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The week in regulations: Taconite and label shapes
President Trump deposed Venezuelan dictator Nicolas Maduro and embarked on a nation-building project. ICE agents killed an American citizen in Minnesota. Agencies issued new regulations…
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Beware False Profits
The Evangelical Climate Initiative has issued “An Evangelical Call to Action” on global warming. Signed by 86 evangelical leaders, it calls for Evangelical Christians to…
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The Responsible Corporation
Does anybody believe that companies should be socially irresponsible? I don’t think so. The problem is that few people can seem to agree on…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. HEALTH Congress considers a law to pre-empt states from requiring food safety warnings more stringent than…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. TOBACCO A federal judge finds cigarette companies at fault for deceptive marketing. CEI Expert Available…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY Oil prices fall after a terrorist threat is stopped. CEI Expert Available to…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENERGY BP management was warned of infrastructure decay several years before the company’s shut down…
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