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: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
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Forbes
How The Next President Can Use Executive Power To Jumpstart Economic Growth On Day One (Part 1)
After what will have been eight years of debate over executive overreach and Barack Obama’s “pen and phone,” and it will be time for…
Blog
This Week in Ridiculous Regulations
88 new regulations last week, from poultry improvement to nuclear philosophy.
Reason
The Economic Stimulus Perplex: Could Regulation Be the Problem?
Reason cites the calculated cost of federal regulations from Wayne Crews's annual Ten Thousand Commandments report. Perhaps the answer to what ails the…
Daily Signal
Congress Waits for Obama’s Final Regulatory Costs Report, Later Than Usual
The Daily Signal discusses the need for a regulatory budget with Wayne Crews. “The reason this matters to the general public is that we…
Blog
Celebrating Two Great Economists: Bruce Yandle and Julian Simon
I’d like to second my colleague Fred’s birthday wishes for the distinguished economist Bruce Yandle of Clemson University.
Blog
Next Administration Will Have to Try Harder on Regulatory Moratorium
In a speech yesterday to the Detroit Economic Club, Donald Trump proposed a moratorium on new federal regulations.
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