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
This week in ridiculous regulations: Lime emissions and stabilizing the Western Balkans
The 2024 Federal Register set a new all-time record page count on December 3. It surpassed 2016’s record of 95,894 pages with nearly a month to spare. Syria’s dictatorship…
Blog
Biden breaks Federal Register record
Joe Biden’s administration has set a new Federal Register record with 96,088 pages as of December 3, 2024, surpassing the Obama administration’s 95,894 pages in…
Blog
This week in ridiculous regulations: Milk marketing and sport fishing
It was a shortened week on account of Thanksgiving. Agencies issued new regulations ranging from fed cattle to general service lamps. On to the data: • Agencies issued 57 final regulations last week,…
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Blog
This Week in Ridiculous Regulations
The 2017 Federal Register had another sub-thousand page week, though it is still already more than 18,000 pages long.
Blog
In Wake of United Debacle, Give Airlines – and Travelers – More Flexibility
Most of the time it’s actually government policies that end up ruining a traveler’s day.
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…
Blog
Regulations – How Much Do They Cost You?
From the labels on our food to the shoes on our feet, regulations are a part of our everyday lives. And there…
Blog
Two Potential Outcomes for the Office of American Innovation
Yesterday the White House announced the launch of an Office of American Innovation. This is the latest of several moving and overlapping parts to President Trump’s…
Blog
This Week in Ridiculous Regulations
The Trump administration’s 60-day regulatory freeze is now over, but many of this week’s new regulations are simply extensions of previous delays. So despite a…
The Huffington Post
Resisting Executive Excess Means Relearning Lessons from the Past
Defenders of checks and balances should be happy that a circuit split on President Trump’s executive order on immigration means that the Supreme…
News Release
Leading public policy and legal organizations join forces with Red Tape Rollback to roll back excessive federal regulations
RedTapeRollback.com, a project of Pacific Legal Foundation, today announced a new partnership with leading national public policy, legal,…
Blog
This Week in Ridiculous Regulations
Starting this week, many late-Obama administration regulations delayed by the Trump administration’s 60-day freeze will come into effect.
Fortune
Regulations Cost U.S. Business More Than Canada’s GDP
President Donald Trump’s administration has been busy issuing a flurry of executive orders intended to reduce regulatory burdens on businesses that keep them from adding…
Blog
A Blueprint for Reforming the Federal Government
This is a big week for reform of the federal government: yesterday, President Trump signed an executive order on reorganizing the executive branch, and this…
News Release
Mapping Washington’s Lawlessness: CEI Releases Updated Inventory of “Regulatory Dark Matter”
Today, the Competitive Enterprise (CEI) released the 2017 update to its comprehensive report Mapping Washington’s Lawlessness: An Inventory of “Regulatory Dark Matter.” This analysis covers…
Forbes
Here’s What Donald Trump And Congress Should Do About Regulatory Dark Matter
It’s becoming too easy for federal agencies to steer private activity without issuing “real” regulations anymore. Instead, we get regulatory dark matter — particularly…
The Wall Street Journal
Trump vs. The Blizzard
The Wall Street Journal cites Wayne Crews’ latest study on Regulatory Dark Matter: He will need every bit of political skill…
The Daily Caller
Agencies Use Regulatory ‘Dark Matter’ To Skirt Trump’s Reforms
The Daily Caller discusses regulatory “Dark Matter” under the new Trump Administration Federal regulatory orders include presidential and agency memoranda, guidance documents, bulletins…
Study
Mapping Washington’s Lawlessness
With regulatory dark matter, there are tens of thousands of documents that agencies can use to circumvent Congress, allowing the federal government to inject itself into…
Blog
This Week in Ridiculous Regulations
It was another slow week for new regulations, but busy times are on their way. A slew of delayed regulations will come into effect on…
News Release
CEI Comments on President Trump’s “Comprehensive Plan for Reorganizing the Executive Branch”
"Today regulation is used as a tool of economic control. It is time to return to agencies bound by law which can serve as a…
Washington Examiner
Trump asks public to help fix, cut government, sees billions in savings
Washington Examiner speaks with Kent Lassman on President Trump’s “Comprehensive Plan for Reorganizing the Executive Branch” excutive order. Competitive Enterprise Institute President Kent Lassman…
Townhall
Those ‘Devastating’ EPA Reductions
Townhall highlights Wayne Crews’ research on the cost of federal regulations. Complying with EPA and other government regulations inflicts staggering costs that reverberate…
Blog
Better than Expected Jobs Report Suggests Employer Optimism
It is very early days for the new administration, but there may be signs that employers are reacting to its deregulatory agenda.
Blog
On Tour with U.S. Chamber’s ‘Let’s Grow’ Campaign
While the policy landscape is far from perfect, we have the best opportunity in a long time to clear the field for growth and prosperity…
Blog
New York’s “BitLicense” on Trial
A lawsuit again New York's “BitLicense” regulation is challenging the state's targeting of Bitcoin-based businesses.
Blog
Making the Case for a Free Market in Space
For commercialized space (and alas, for other sectors) we need a regulatory heatshield, a HOT Act (“Hands Off Technology”).
Blog
This Week in Ridiculous Regulations
As the regulatory freeze marches on, most new regulations coming out are garden-variety FAA airworthiness directives and Coast Guard drawbridge and safety zone rules.
Washington Post
The administrative state is huge, and it’s only getting bigger
The Washington Post highlights Wayne Crews’s research on the federal regulatory state. Just what White House chief strategist Stephen K. Bannon meant when…
Blog
A Congressional Review Act ‘Game-Changer’ Steps into the Spotlight
A new interpretation of the Congressional Review Act would allow Congress to quickly repeal federal regulations from as far back as the mid-1990s.
Study
Time to End the Madness around March Madness
View Full Document as PDF This March, millions of Americans will join friends, relatives, and coworkers in the annual rite of betting…
News Release
CEI Comments on President Trump’s Joint-Session Address to Congress
On February 28, 2017, President Donald J. Trump addressed a joint session of Congress. His speech reviewed the new administration’s recent initiatives and announced ways in which the White…
Washington Post
Last night, conservatives gave up on conservatism
The Washington Post discusses President Trump’s policy proposals from his address to a joint session of Congress with CEI President Kent Lassman. The…
Blog
Trump Must Collaborate and Persuade to Advance Regulatory Reform
For the President to advance his agenda for reforming the overreaching regulatory state, he will need a partnership with Congress.
Blog
This Week in Ridiculous Regulations
43 new regulations last week, from toddler beds to potato proteins.
News Release
CEI Supports Regulatory Integrity Act and the SCRUB Act
This week, the U.S. House of Representatives is slated to vote on H.R. 1004, the Regulatory Integrity Act, introduced by Congressman Tim Walberg (R-MI), and…
Blog
White House Bets on Regulatory Reform to Kickstart Job Growth
This afternoon President Trump signed a new executive order titled “Enforcing the Regulatory Reform Agenda” with the goal of spurring economic growth and job creation.
Blog
Policy Background on Trump’s Joint-Session Address to Congress
Here are five areas where the administration has the opportunity to implement valuable and much-needed reforms for the American people.
Blog
This Week in Ridiculous Regulations
As with the previous few weeks, many of this week’s regulations were simply delays of previous rules.
National Review
It’s Time to Shine a Light on Regulatory ‘Dark Matter’
Regulation is not the only way the federal bureaucracy inhibits innovation. President Donald Trump’s desire to shrink the regulatory state by significantly cutting the number…
Washington Examiner
Trump’s economic transformation is only getting started
Washington Examiner highlights Wayne Crews’s calculated cost of federal regulations. One of the main reasons why the Obama economy has limped along, year…
Pittsburgh Tribune
Peeling back Obama’s ‘onion’: It’s going to take time
The Pittsburgh Tribune discusses President Trump’s executive order on regulation with Wayne Crews. Under an executive order by Mr. Trump, every new regulation…
Blog
Deregulate to Grow the Economy Faster
Congress and the new administration have a real chance to make the economy grow faster, and to raise the labor force participation rate above its…
Blog
Five Regulatory Heartbreaks on Valentine’s Day
Tomorrow we celebrate our significant other by showering them with affection and chocolate—but is government regulation getting in the way of your date night?…
Blog
This Week in Ridiculous Regulations
The White House regulatory freeze continues, and a wide range of recent rules, big and small, have been delayed until late March.
Bloomberg BNA
GOP Races Against Time to Roll Back Clock on EPA, Other Rules
Bloomberg BNA highlights Wayne Crews’s calculated annual cost of federal regulations. Environmental and public interest groups say the campaign to nullify various regulations…
The Hill
GOP searches for new way to cut Obama regs
The Hill discusses Congressional efforts to get rid of major regulations with Wayne Crews. But pressure is mounting from conservative groups for Republicans…
CNBC
CEO confidence at near-record high. Why? Trump’s war on regulation
CNBC highlights Wayne Crews’s calculated cost of federal regulations from his annual Ten Thousand Commandments report. Last week President Donald Trump signed an executive…
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