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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Blog
CEI’s Battered Business Bureau: The Week in Regulation
The 2016 Federal Register broke the 50,000-page mark on Friday, and remains on a record pace. New regulations for the week ranged from cement to…
Reason Magazine
Regulations Make Americans $4 Trillion Poorer
Reason Magazine reports on the costs of regulation as published in Wayne Crews's annual study on the size of federal regulation. The compliance…
Blog
Federal Register Tops 50,000 Pages, Yet Obama’s Report to Congress Is MIA
The annual Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities is quite overdue.
Blog
Can the Ideas in the RNC Platform Help Reform Regulation?
Lord knows. But the Republican Party’s new platform which contains planks on such pressing issues as “Protection Against an Electromagnetic Pulse (p. 54),” also has…
Forbes
Unfunded Mandates On The States Rising Again
Fifteen Republican Attorneys General just wrote to House and Senate leadership, concerned about agencies “failing to fully consider the effect of their regulations on…
Forbes
Rick Perry: Black Lives Matter — And So Does Black Liberty
Texas Governor Rick Perry uses Wayne Crews's estimated cost of federal regulations in a speech at American Legislative Exchange Council's annual meeting. Governor Perry's speech was…
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