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…
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National Review
Here’s Three Things the President Should Do in His Executive Reorganization
Today is the last day for the public to submit ideas for the reorganization of the executive branch that the President announced in his…
WMAL
AUDIO: Marc Scribner Discusses Air Traffic Control Reform on WMAL
Marc Scribner, senior fellow at the Competitive Enterprise Institute, discusses Air Traffic Control Reform on the Larry O’Connor Show on WMAL.
The Washington Times
Trump Wages Battle Against Regulations, Not Climate Change
The Washington Times discusses President Trump’s decision to withdraw from the Paris Climate Agreement with Myron Ebell. WASHINGTON (AP) – While President Donald…
Washington Examiner
Trump Delivering Biggest Cut in Regulations Since Reagan
Washington Examiner covers Ten Thousand Commandments by Clyde Wayne Crews Jr. It was odd that a seemingly boring campaign line calling for…
Opposing Views
Trump the Most Anti-Regulation President Since Reagan
Opposing Views covers Ten Thousand Commandments by Clyde Wayne Crews Jr. While much of President Donald Trump’s legislative agenda has been stalled by…
Politico
Chao Floats ‘Page Limit’ for Environmental Reviews
Politico covers CEI’s Annual Dinner and Reception. Transportation Secretary Elaine Chao tonight pitched the administration’s $1 trillion infrastructure vision to an audience of…
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