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
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…
Blog
The week in regulations: Voting by mail and $100,000 visas
The number of new final regulations in 2026 topped the 2,000 mark. President Trump escalated his trade war against Canada and issued an executive…
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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…
Blog
This Week in Ridiculous Regulations
Former President George H.W. Bush was laid to rest, and no Federal Register was published on Wednesday. President Trump created a new superhero, Tariff Man,…
Watertown Public Opinion
Deregulation Contributing to Growing Economy
Watertown Public Opinion cited CEI on the cost of regulations. Trump promised to reduce regulations for small and big businesses. While much has…
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