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
The week in regulations: Fluid milk options and battleship safety zones
The Court of International Trade struck down President Trump’s Section 122 tariffs. The labor force shrank by 92,000 people over the last year. Agencies issued…
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,…
Search Posts
Blog
Some Advice for Trump Appointees
Your role in the new administration is to propose ways of restoring limited government – by privatization, deregulation, extending property rights, and taking on the…
Blog
Congress Should Target Unaccountable EPA Programs
The newly elected congressional majority should be ready and willing to help implement President elect-Donald Trump’s promise to tackle onerous regulations. But what about so…
National Review
Time to Get Rid of the EPA? Scott Pruitt May Be Just the Guy to Do It
National Review highlights Ryan Young’s estimate of the annual cost of compliance with the EPA’s regulations The EPA’s expansive and ever-expanding regulations impose…
Blog
Must-Have Gifts for America’s Wish List
It isn’t Christmas Day yet, much to the chagrin of impatient youngsters, but it’s already time for America to put together a wish list for…
Blog
This Week in Ridiculous Regulations
On Tuesday the 2016 Federal Register topped 90,000 pages for the first time ever, and continues to extend its page-count record every day.
The Daily Signal
Here’s the Tool Congress Can Use to Curtail Obama’s Regulation Legacy
The Daily Signal highlights Marlo Lewis’s writing on last minute regualtions from the Enviornmental Protection Agency. Not surprisingly, efforts are being made to enact…
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