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: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
Blog
Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
Blog
The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
Search Posts
The Hill
Groups clash over GOP tool to roll back regulations
The Hill reports on a letter CEI signed, that urges Congress to bring regulatory reform by using the Congressional Review Act. Conservative groups…
Reason.com
Trump’s Executive Order on Regulations Is Welcome, But More Is Needed
Reason.com discusses President Trump’s executive order on new regulations with Wayne Crews. Still, rolling back federal regulations in a meaningful way will require…
Foundation for Economic Education
The Epic Failure of the Government Gas Can
Part of living on Earth is mowing its grass and performing outdoor chores. Last International Earth Day, while the Globe held hands and celebrated Gaia…
Wall Street Journal
How the House Will Roll Back Washington’s Rule by Bureaucrat
The Wall Street Journal highlights Wayne Crews’s annual study on the costs of federal regulations. In President Obama’s final year the Federal Register…
One News Now
Trump’s pen erases trade agreement
One News Now discusses regulatory reform under the Trump administration with Ryan Young. President Trump also made headlines late Friday for a presidential…
Blog
This Week in Ridiculous Regulations
The final pre-inauguration Federal Register was 1,464 pages long. A normal day’s edition is roughly 300 pages. Since there is a lag time of a…
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