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
There’s something wrong with the Federal Register
The Trump-era Federal Register website has been glitching recently. Nearly two weeks ago, I noted on X/Twitter (tagging both @USNatArchives and @FedRegister) that the…

Blog
The week in regulations: Deepwater ports and ASCII relays
A court ruled President Trump’s Liberation Day tariffs unconstitutional. The case now moves to the Supreme Court. Countries around the world stopped shipping parcels to…

Blog
The week in regulations: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…
Search Posts
Blog
More Wrongheadedness from Sen. Warren on Notice and Comment Rulemakings
Under the Administrative Procedure Act, federal agencies are required to undertake certain procedures when they promulgate rules of general applicability.
Blog
Sen. Warren’s Baseless Criticism of Notice and Comment Rulemaking
In a recent blog post about “regulatory capture,” Sen. Elizabeth Warren claimed that notice and comment rulemaking is unduly biased towards regulated parties.
Politico
Congress is back!
Politico's Morning Energy mentions Wayne Crews's report on a federal regulatory budget. The House has all the committee action on the energy front,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Maybe the recently-passed Congressional Review Act deadline we wrote about earlier hasn’t had much effect on midnight regulators.
Blog
Senate Gazes at Regulatory Dark Matter
The Senate Subcommittee on Regulatory Affairs and Federal Management held a hearing yesterday, Examining the Use of Agency Regulatory Guidance, Part II, featuring testimony from…
Blog
Toward a Regulatory Budget
How much should the U.S. government spend on defense? How much on health care? Or energy, or technology?…
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