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
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Blog
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Search Posts
Blog
VIDEO: What Qualifies as a ‘Water’ of the United States?
Our friends at the Regulatory Transparency Project have created a great new video to help explain the legal impact of the Clean Water Act and…
Blog
An Executive Order to Shine Light on Dark Matter
Over at The Hill, Wayne Crews and I make the case for an executive order that would limit executive power. It’s more plausible than it…
The Hill
How to Rein in Regulatory Dark Matter
Divisive hot-button issues are distracting public attention from policy reforms that could make everyone better off by expanding the economy. One of these is regulatory…
Blog
This Week in Ridiculous Regulations
In an eventful week that included criminal justice reform, shutdown drama, and cabinet drama, this year’s new regulations exceeded 2017’s total with more than a…
AEI
The Supreme Court May Begin to Tame the Administrative State
AEI cited Vice President for Policy Wayne Crews on administrative rulemaking. In addition, Chevron helped enable a vast expansion of administrative rule making. Since 1993,…
Blog
Best Books of 2018: Judicial Fortitude
My pick for one of the best books of this year is “Judicial Fortitude: The Last Chance to Rein in the Administrative State” (Encounter Books,…
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