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
Washington Post
Can Trump win his war on the regulatory state?
The Washington Post discusses the cost of federal regulations with Wayne Crews. Now regulation is pervasive. It touches air and water pollution, pensions,…
Blog
Encouraging Job Report Suggests Deregulation Will Get America Back to Work
New employment numbers suggest that employers are starting to respond to the promise of substantial deregulation by the new administration.
Blog
Nestlé, Other Businesses Flee California
Poor economic policy is negatively impacting job prospects in the Golden State.
Blog
Assessing Prospects for Bipartisan Consensus on Regulatory Reform
The federal government doesn’t merely spend $4 trillion a year, it directs the private sector to spend and otherwise re-purposes enormous resources.
Washington Examiner
Trump about to unleash his fury on the regulatory state
Washington Examiner highlights Wayne Crews’s work to track the number and cost of federal regulations. No one even has a reliable count of…
Letters
CEI Joins Coalition Letter Urging Congress to Use Congressional Review Act
View Full Document as PDF Dear Senators and Representatives: On behalf of the millions of Americans that our organizations represent, we are…
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