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
The week in regulations: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…

Blog
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…
Search Posts
Inside Sources
Free-Market Coalition Urges Action on Franchise Rule
Inside Sources cites the leadership role which CEI is playing in defining joint-employment as head of a coaltion of free-market advocacy groups. A coalition…
Real Clear Markets
What’s the Difference between “Major,” “Significant,” and All Those Other Federal Rule Categories?
RealClear Markets posted an article written by Clyde Wayne Crews about emergence and ensuing pervasiveness which the nomenclature of department rule-creation holds within the U.S. federal government, as…
Breitbart
Exclusive–Trump’s EPA Transition Chair Myron Ebell: ‘Scrapping’ Clean Power Plan ‘Key Part of Deregulatory Agenda’
Breitbart has interviewed Myron Ebell on the negative effects which the Obama-era ‘Clean Power’ Plan brought forth including destablization of the American electrical grid, heightened…
The World Post
Trump Administration To Propose Scrapping Major Obama-Era Climate Change Policy
The World Post quoted Myron Ebell on the negative impacts of the ‘Clean Power’ Plan on domestic manufacturing industries as well as job growth.
The Hill
Overnight Energy: EPA to propose Clean Power Plan repeal | Pruitt takes on wind, solar tax credits | Committee to mark up antiquities reform
The Hill quoted Myron Ebell on the effects which the ‘Clean Power’ Plan raised consumer rates for electricity and threatened stability of America’s electrical grid. …
Inc.
After 12 Months of Trump, Here’s What 100 CEOs Are Saying About His Effect on Business
Inc. covers deregulation under the Trump administration. Donald Trump doesn’t talk much about entrepreneurship. Conventional wisdom says he favors incumbents over disruptors. Still, one…
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