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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Politico
Out and About
Politico covers CEI’s Annual Dinner and Reception. The Competitive Enterprise Institute last night hosted their annual dinner, this time an Alice in Wonderland…
The Washington Times
Believe It: Fox News Tops the Ratings
The Washington Times covers CEI’s Annual Dinner and Reception. … CURIOUSER AND CURIOUSER An event of note on Wednesday…
The Denver Post
Colorado’s Costly “Demand-Side Management” Bill Makes No Sense
At the end of the legislative session, the Colorado General Assembly had an opportunity to stop a nonsensical electricity program that will cost Xcel Energy…
USA Today
MILLS: Massive Regulation a Drain on Economy, Study Finds
USA Today covers Ten Thousand Commandments. Regulations are a burden on consumers, businesses, and the economy, according to a new study by the…
The Hill
Trump May Restrict Length of Environmental Reviews Under Infrastructure Plan
The Hill covers Trasportation Secretary Elaine Chao’s remarks at CEI’s Annual Dinner and Reception. The Trump administration may enforce restrictions on the length…
Blog
This Week in Ridiculous Regulations
The majority of new regulations coming out are still of the routine procedural variety—Coast Guard safety zones for fireworks shows, Federal Aviation Administration airworthiness directives…
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