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
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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Cayman Financial Review
Judicial Fortitude: The Last Chance To Rein In the Administrative State, by Peter Wallison
Peter Wallison is a rarity in public life. He has been both a high-level government official in the administration of President Ronald Reagan and a…
Blog
This Week in Ridiculous Regulations
A partial federal shutdown looks more likely than it did a week ago, the federal deficit will likely top $1 trillion next year, and Theresa…
The Wall Street Journal
The Supreme Court May Begin to Tame the Administrative State
The Wall Street Journal cited Vice President for Policy and Senior Fellow Wayne Crews on the Supreme Court’s decision to review deference to the administrative state.
Forbes
Here’s a Year-End Roundup of White House and Federal Agency Efforts to Streamline Guidance Documents
President Donald Trump’s executive actions aimed at slowing the pace of new regulation and eliminating existing ones (the first part was easier) continued in 2018.
News Release
Supreme Court Agrees to Reconsider Deference to Agency’s Interpretation of Regulations
Today, the Supreme Court agreed to consider overturning Auer (or Seminole Rock) deference in a case called Kisor v. Wilkie. Under Auer (or Seminole Rock)…
Forbes
Lame Duck Update: Here’s How the 115th Congress Tried to Streamline Agency Guidance Documents
Despite surprisingly deep bipartisan pedigree of significant regulatory reforms and proposals of the past, few Democrats in the 115th Congress were inclined to work with Republicans and President Trump…
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
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Sam Kazman
Counsel Emeritus
- Antitrust
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Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment