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: Energy diversity and abundance with Stephen Perkins
In this week’s episode we talk about the 2025 Nobel Prize in Economics, eliminating the Consumer Financial Protection Bureau, why we…

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The hidden growth of government in an age of less red tape
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The week in regulations, shutdown edition: Pot gear and hot air fuel
Venezuelan democracy activist Maria Corina Machado won the Nobel Peace Prize. The partial federal shutdown meant there were no proposed regulations and five new regulations…
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Antitrust and the 99th Congress
Full Document Available in PDF…
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Washington Antitrust Report
View Full Document as PDF Antitrust reform is in serious trouble. The Administration’s efforts to legislate…
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Antitrust Act May Undergo Major Changes
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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…
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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