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: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
Blog
Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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This Week in Ridiculous Regulations
A recent EPA rule for dental effluence caused some controversy for violating President Trump’s one-in, two-out policy for new rules.
News Release
CEI Supports Senate Consideration of Neomi Rao as OIRA Administrator
Today, the U.S. Senate voted to advance the nomination of Neomi Rao as the Trump administration’s pick to serve as the Administrator of the Office…
Forbes
Trump’s New Executive Branch Reorganization Should Discipline Agency Guidance Documents
President Donald Trump is undertaking a “Comprehensive Plan for Reorganizing the Executive Branch.” (E.O. 13781) For the new executive branch reorganization to bear…
C-SPAN
VIDEO: Wayne Crews discusses 10,000 Commandments on C-SPAN
June 24, 2017 – Vice President of Policy of the Competitive Enterprise Institute Clyde Wayne Crews discusses the newest edition of 10,000 Commandments on C-SPAN’s…
Forbes
Trump’s Comprehensive Plan for Reorganizing the Executive Branch About To Get Underway
The modern debate over the administrative state and regulation parallels skirmishes over spending, the deficit, the debt, and the debt ceiling. This week, first draft…
Los Angeles Times
California’s Clean Air Act Waiver Should Be Yanked, Trump’s Former Environmental Advisor Says
Los Angeles Times covers California’s Clean Air Act waiver and Myron Ebell’s comments at a training program hosted by the National Press Foundation.
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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