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
Mid-year 2026: Is Washington actually deregulating?
It’s June 30, mid-year 2026 — almost America’s birthday. In terms of conventional issuance of rules and regulations in the Federal Register, the Trump…
Blog
A $25 minimum wage cannot legislate away the high cost of living
Affordability is the political buzzword for 2026. Last week, Sen. Chris Murphy (D-CT) announced plans to introduce the Living Wage for All Act,…
Blog
The week in regulations: Blacksmith shops and airman certificates
Former Federal Reserve Chairman Alan Greenspan passed away. Neither the Reflecting Pool debacle nor its algae have faded away. PCE inflation is over 4…
Search Posts
Blog
This Week in Ridiculous Regulations
Things remain slow on the regulatory front, with a large chunk of new rules being routine safety-zone and drawbridge scheduling regulations from the Coast Guard.
Blog
National Security Is No Argument against Regulatory Reform
On the Lawfare blog, Professor Ganesh Sitaraman of Vanderbilt Law School and the Center for American Progress offers an argument about regulatory reform that…
Blog
This Week in Ridiculous Regulations
There were 63 final regulations and 28 proposed regulations last week, but again, few of them amounted to much. We’ll have more to say on…
Blog
FTC Launches Economic Liberty Task Force to Fight Overregulation
Federal agencies have a well-deserved reputation for issuing regulations, publishing guidance documents, and bringing enforcement actions against American businesses. But when the stars align, agencies…
Newsmax
‘It’s About Bloody Time’ Someone Cuts Excessive Government Regulation
Newsmax highlights the cost of regulation from Wayne Crews’s Ten Thousand Commandments report. The Competitive Enterprise Institute estimates that the total cost of…
The Hill
Obama FCC’s ‘privacy’ rules were a sham
The Hill highlights CEI’s calculation of the Federal Communication Commission’s 2015 regulatory costs. The FCC is no poster child for efficiency for that…
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