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: 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…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
Search Posts
The Wall Street Journal
The Great Rules Rollback
The Wall Street Journal covers deregulation under the Trump administration. Amid the debate over tweets and tax reform, perhaps the most significant change brought…
Bloomberg Politics
Trump Stretches Meaning of Deregulation in Touting Achievements
Bloomberg Politics discusses deregulation with Wayne Crews. One is a federal rule, initiated by former President Barack Obama, that removed Yellowstone’s grizzlies from the list…
The Hill
Conservatives Packed 2017 with Victories — Push 2018 Even Further
Writing for The Hill, Carrie Sheffield cites 10,000 Commandments. With a wild 2017 behind us, conservatives looking to 2018 face typical electoral headwinds for a midterm…
The Washington Examiner
Trump Regulatory ‘Red Tape’ Lowest in a Quarter Century, 35% Below Obama’s
The Washington Examiner covers deregulation under the Trump administration. Adding to his administration’s success in cutting Obama era regulations, President Trump also issued the…
The Wall Street Journal
Rookie of the Year
Writing for The Wall Street Journal, James Freeman cites Wayne Crews’ tally of Federal Register pages. Donald Trump is not the most dignified man to…
Lifezette
Trump’s Anti-Red Tape Effort Shows Biggest Drop in New Edicts Since 1993
Lifezette cited Clyde Wayne Crews on his new book and the impact of President Trump’s anti-regulatory campaign on the nation’s economy. Government agencies…
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