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: Competition and innovation with Jack Nicastro
In this week’s episode we cover the case of Suncor v. Boulder County at the Supreme Court, the problems with the Los…
Blog
Here’s how one-in, ten-out is successfully cutting rules — but not draining the swamp
It’s October already, and while there’s no real fiscal year for federal regulation, the September 30 closing of the 2026 budgetary fiscal year marks…
Blog
The week in regulations: Drug prices and inedible almonds
Sen. Eric Schmitt (R-MO) learned the difference between the Atlanta Hawks and the Iowa Hawkeyes. President Trump rolled back some China tariffs and published…
Search Posts
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?…
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