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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The week in regulations: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
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Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
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The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT A new survey finds many Americans concerned about global warming but unwilling to accept the recommendation of…
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Supreme Court Ruling Lifts Onerous Bank Regulations
Contact: Christine Hall, 202-331-2258 Washington, D.C., April 17, 2007—Today the U.S. Supreme Court ruled that federal law, not state law, controls regulation of mortgage lending…
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The Competitive Enterprise Institute Daily Update
Issues in the News 1. ENVIRONMENT Parents in the UK object to the government's plan to distribute copies of Al Gore's…
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The Competitive Enterprise Institute Daily Update
Issues In the News: 1. REGULATING THE REGULATORSSupreme Court Tells EPA to Re-Consider its Decision Not to Regulate C02…
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Constitutional Challenge to Sarbanes-Oxley Accounting Board Dismissed
District Court order and opinion available for download…
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Solving the Safe Sledding Crisis
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Washington – In response to the ice storm which recently swept through…
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