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
Bloomberg Politics
Trump Plays Down Health Hazard in Justifying Climate Rule Repeal
Bloomberg Politics quotes Myron Ebell on the importance of curbing Carbon Dioxide and how that should pose a greater priority to the Trump administration.
Free Beacon
Clean Power Plan Repeal Will Save $33 Billion in Compliance Costs
The Washington Free Beacon quotes Myron Ebell on her opinion of how cutting the Clean Power Plan will afford…
Time
Energy Companies Don’t Like the Clean Power Plan — or President Trump’s Plan to Kill It
Time quotes Myron Ebell about the ability of the Trump Administration to deregulate Power Plants. Donald Trump boasted last month that the Obama…
Washington Examiner
Repealing The Clean Power Plan Will Benefit All Americans
Environmental Protection Agency Administrator Scott Pruitt's proposal to repeal the so-called Clean Power Plan is the most notable step President Trump and his team have…
City Journal
Well-Heeled Fliers Against Air-Traffic Reform
The City Journal quotes Marc Scribner on the influence the NBAA has in preventing federal reform and modernization of air traffic control. Members…
Blog
7 Congressional Efforts the President Should Urge Members to Support
President Trump should use his State of the Union address to encourage members of Congress to pass these 7 bills immediately.
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