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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This week in ridiculous regulations: Animal herders and delaying REAL ID
President Biden’s final Federal Register week was a busy one. Its 4,199 pages would make for a 209,950-page year if it sustained that pace. CEI…
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Free the Economy podcast: Welfare costs and benefits with Scott Winship
In this week’s episode we cover the Los Angeles wildfires, reforms to high-skilled immigration, new leadership at the Department of Energy,…
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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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Study
Washington Antitrust Report
View Full Document as PDF Antitrust reform is in serious trouble. The Administration’s efforts to legislate…
Washington Post
Antitrust Act May Undergo Major Changes
Op-Eds
An Antitrust Route to Re-regulation
From telecommunications to airlines and railroads, from banking to natural gas, from trucking to broadcasting, partial deregulation has changed the U.S. economic landscape for…
Op-Eds
Taxpayers Tied to the Tracks
Full article available in pdf. In the latest episode of the Perils of Pauline, the villain, (a.k.a., Amtrak—the most heavily subsidized…
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