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
CEI Launches “Eye on FTC” Campaign to Raise Awareness of Agency Overreach and Lack of Transparency
WASHINGTON—The Competitive Enterprise Institute (CEI) launched a new “Eye on FTC” educational campaign today to raise awareness about overreach and a lack of…

Blog
Congress Should Require the Administration to Adopt a Regulatory Budget in Exchange for Raising the Debt Ceiling
Every once in a while, the escalating drama of Washington policy debate has a genuine problem behind it. The suddenly heated focus on the need to…
Larry Kudlow Show
RADIO: CEI’s Wayne Crews Joins The Larry Kudlow Show
Fred L. Smith Fellow in Regulatory Studies Wayne Crews joined The Larry Kudlow Show to discuss the hidden tax of federal regulations.
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Study
Home Not Alone: New York’s War on Landlords
Full Document Available in PDF The key to rent…
Study
Property Rights Fact and Fiction
Full Document Available in PDF The rise of property rights activism was…
Study
Property Wrongs: The Growth of Federal Land-Use Control
Full Document Available in PDF In the spring of…
Study
Public vs. Private Land Management: Which is Better for the Environment
Full Document Available in PDF The…
Study
Putting People Last: Endangered Species vs. People
Full Document Available in PDF Law-abiding, workaday Americans all across…
Study
Instrastate Trucking: Stronghold of the Regulators
The deregulatory wave of the 1970s and early 1980s freed the railroads, the airlines, air cargo carriers, and interstate trucking and buses from the…
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- 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