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
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Free the Economy podcast: Draining the swamp with Jim Bovard
In this week’s episode we cover fake endangered species, Pennsylvania’s climate policy showdown, a robust defense of property rights in New…
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This week in ridiculous regulations: Seat belts and eagle possession
This week’s roundup will be a little different than usual. Since the new year began mid-week, and I already published a breakdown of 2024’s year-end numbers, as…
Blog
Biden’s regulatory landscape: A year-end analysis
As we ring in 2025, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration. We take our traditional year-end look at it here. The 2024 Federal Register closed…
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Yet Another Way That Obamacare Is Unconstitutional: The Arguments in Florida v. HHS
In the Washington Examiner, I discuss the brief I recently filed on behalf of Minnesota and North Carolina legislators challenging Obamacare, which…
Op-Eds
GOP’s ‘Durbin Dozen’ Keeps Dodd-Frank Price Controls
Anywhere but the Senate, getting 54 votes out of 100 is a victory. And Wednesday, a bipartisan group of 54 Senators responded to concerns from…
Blog
GOP Durbin Dozen Blocks Dodd-Frank Rollback
Anywhere but the Senate, getting 54 votes out of 100 is a victory. And yesterday, a bipartisan group 0f 54 Senators responded to concerns…
Blog
Regulation of the Day 180: Braiding Hair
Businesses often use regulations as a cudgel to bludgeon their competitors. Occupational licensing is one of the most-abused types of regulation.
Blog
Delaying Dodd-Frank’s Durbin Price Controls Would Save Retailers From Themselves
Today is the day, as a bipartisan amendment comes to the Senate floor delaying draconian price controls on debit card transaction fees from Dodd-Frank's Durbin Amendment, that the Senate has an…
Op-Eds
To Stimulate Economy, End Predatory Abuse Of Antitrust
Among numerous steps needed to stimulate a double-dipping economy, one is to make antitrust not pay anymore. AT&T’s $39 billion merger with T-Mobile (a…
Citation
Vincent Vernuccio on the Pay Freeze That Wasn’t
Competitive Enterprise Institute Labor Policy Counsel Vincent Vernuccio explains that President Obama's so-called pay freeze for federal workers did not affect automatic "step" and "grade"…
Blog
The Last Nail in the Coffin for the Fairness Doctrine?
In response to calls by lawmakers for the Fairness Doctrine and related measures to be permanently removed from the Federal Register, FCC Chairman Julius Genachowski…
Blog
Liberal Economist Peter Diamond Withdraws from Contention for Federal Reserve
MIT’s Peter Diamond has withdrawn his nomination to the Board of Governors of the Federal Reserve System. I earlier explained how Diamond’s nomination by…
Blog
Wisconsin Proposal Hurts Craft Beer, Protects Big Brewers
In the battle between international brewing giants SABMiller and ABInBev, Wisconsin craft brewers could bear the heaviest burden. On May 31, the state legislature’s Joint…
Comment
Official Time: Good Value for the Taxpayer?
Full Testimony Available as a PDF Watch Video of the Hearing Here Official time does not represent good value…
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Regulation of the Day 179: Giving Food to Homeless People
Last Wednesday, three people were arrested in Orlando for giving food to homeless people.
Blog
E. Coli Outbreak Linked to Organic Farming … Again
Although it’s not 100 percent certain at this time, German health officials are becoming increasingly certain that the recent E. coli…
Op-Eds
Nobody for Commerce Secretary
In choosing John Bryson as his nominee to be the next U.S. secretary of commerce, President Obama has chosen a perfect representative of our new…
Pittsburgh Live
Needed: A washing machine that washes
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Even Liberal Washington Post Casts Doubt on Auto Bailouts
"Only 16 percent of executives in the auto industry" support the Chrysler bailout, according to the Washington Post’s editorial today. I think the bailout…
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Regulation of the Day 178: Helping Tornado Victims
Mike Haege, a tree-trimmer in Hastings, Minnesota, was threatened with jail and fined $275 for helping clear damaged trees from tornado victims' yards.
Blog
California Social Networking Bill In Its Death Throes
In Sacramento, California, a bill that would regulate social networking is reportedly on its death bed after failing by five votes last week. The online…
Blog
Regulation Roundup
Tennessee makes it illegal to use someone else's Netflix password, plus more.
Blog
NFL, Players in Court Today
Today is a crucial day in the ongoing labor dispute between the NFL and the supposedly disbanded players’ union, the NFLPA as they return to…
Blog
Planning to Disaster: San Diego and California’s Sustainable Communities Strategies
The San Diego metro area has been institutionalizing its boring reputation by undertaking in recent years what is arguably the most aggressive regional planning effort…
Pittsburgh Live
Deregulation Now!
Today’s much weaker than expected employment numbers show that the president’s agenda of more regulation and increased spending has undoubtedly failed. However much…
News Release
Depressing Unemployment Numbers Today Exacerbated by Crushing Regulations, Obama Labor Union Agenda
Washington, DC, June 3, 2011 – Bad news for the American economy and the Obama administration comes today in the form of paltry job growth…
Blog
A Culture of Deceit
Last month Governor John Lynch issued a statement explaining his veto of HB 474 to make New Hampshire a right-to-work state. His explanation included:…
Blog
An Alaskan Mining Project: One Example of How Environmental Regulations are Strangling the U.S. Economy
Rick Manning of Americans for Limited Government notes here that one of the reasons the American economy is stuck in neutral is that investors…
Study
The Battle for Michigan
Full Document Available in PDF Michigan’s economy has been weakening for years as the Big Three…
Pittsburgh Live
Lawmakers At Odds Over ‘Official Time’
Pittsburgh Live
“Official Time” or Unofficial Scam? Your Tax Dollars Are Being Used For Union Business.
Pittsburgh Live
“Official Time” or Unofficial Scam? Your tax dollars are being used for union business
Pittsburgh Live
Vincent Vernuccio on Official Time
CEI Labor Policy Counsel Vincent Vernuccio discusses unions using taxpayer money for their own organizational activities.
Detroit News
Michigan Target of EPA Carbon Diktat
Yahoo! News
Taxpayer Watchdogs: $14 Trillion U.S. Debt Leaves No Room For Treasury-Backed Loan Guarantees For Energy Projects
Investors.com
Palin: End All Energy Subsidies
Blog
CEI Podcast for May 31, 2011: FDA Rescinds Approval of Breast Cancer Drug
Conko believes this battle boils down to one question: who decides which treatments patients can use? Will it be the FDA, or doctors and patients?…
Blog
California High-Speed Rail All Strung Out on Stimulus on the Outskirts of Town
Emily Washington of Market Urbanism highlights this Los Angeles Times article on the latest — depending on your outlook: hilarious or pathetic —…
Daily Caller
Immigration Reform Can Jumpstart Economy
Jeffrey is a talented electrical engineering PhD student at CalTech. He already holds three patents. One of his inventions may cure glaucoma. It is…
Wall Street Journal
Not So Cool Rules
The Wall Street Journal cites Wayne Crews's study on the size of the federal regulatory burden. The best measure of the overall regulatory…
Blog
Regulation Roundup
Some of the zanier happenings in the world of regulation:…
Wall Street Journal
Washington Declares War on Debit Cards
Wall Street Journal
Critics: Obama Milk Reg Change ‘Udderly’ Ridiculous
Wall Street Journal
Are Milk Spills Toxic?
CEI’s Director of the Center for Energy and Environment Myron Ebell discusses the extent of federal regulations. The Environmental…
Blog
CEI Podcast for May 26, 2011: President Obama Proposes Deregulation
Cass Sunstein, President Obama's regulatory czar, announced today that the administration intends to repeal regulations from 30 different agencies. CEI Vice President for Strategy Iain…
Blog
Obama’s Regulatory Reform: The Costs of Benefits
My colleagues commented above on the Cass Sunstein lecture at the American Enterprise Institute called "Regulatory Look-Back: A First Look," about agency's supposed eagerness to…
Blog
Avastin and Breast Cancer: The Median is Not the Message
The New York Times ran an op-ed yesterday by oncologist Frederick Tucker urging the Food and Drug Administration to stand by…
Blog
Deregulatory Baby Steps
In a welcome move, the White House announced this morning that a review of regulations by government departments had found 30 (count 'em) regulations…
Blog
Sunstein and Obama, Deregulators?
Winston Churchill observed that "Americans can always be counted on to do the right thing...after they have exhausted all other possibilities." We may finally be…
PJ Media
The Price of Beauty: Chemicals in My Cosmetics?
I am not a morning person, but every day a host of personal care products — from toothpaste to mascara — help me transform…
Reuters
Revamped Vehicle Fuel Economy Stickers Add GHG, Savings Data
Blog
Regulation of the Day 177: Single-Wide Trailers
In Cordova, Alabama single-wide trailer homes are illegal. After years of lax enforcement, regulators are cracking down after tornadoes left many residents homeless.
Blog
NLRB Targets Boeing, Ignores Congress
It is now well known that the Obama administration is trying to use the National Labor Relations Board (NLRB) as a battering ram to…
Blog
New York Times on “Paternalistic” Government
The Dining section of today’s New York Times has a short piece reporting that the U.S. Department of Agriculture has lowered…
Blog
Dismantling Sarbanes-Oxley
My colleague Ryan Radia and I recently wrote in an editorial for Investor's Business Daily that the 2002 Sarbanes-Oxley Act should be dismantled for the…
Blog
Mind-boggling Increase in Tuition Since 1960 Even as Students Learn Less and Less
There has been a truly mind-boggling increase in college tuition since 1960. For example, law school tuition has risen nearly 1,000 percent after adjusting…
Blog
Alcohol Producers in Texas Must Unite For their Right to Produce
As discussed in my latest "Alcohol Regulation Roundup" post, a representative for brewing giant, Anheuser-Busch (AB-InBev) testified at a Lone Star State Senate…
Investor's Business Daily
Reform Sarbox To Galvanize High-Tech IPOs
Silicon Valley is teeming with budding startups whose user bases and valuations are skyrocketing. As these companies seek breathing room to grow, they will…
The American Spectator
Unionization Via Regulation
Are unions desperate? When it comes to reviving their fortunes in the private sector, it certainly seems that way. Union leaders, unable to reverse…
Mercury News
Informative New Window Labels for 2013 Vehicles Unveiled
Blog
California Card Check: Just Sign Here
The card check bill soon to be sitting on California Governor Jerry Brown’s desk is another attempt by labor unions to take away worker rights.
Blog
200 More Obamacare Waivers Granted
204 more waivers of Obamacare’s onerous mandates have been issued over the past month, bringing the total to at least 1,372. As…
Mercury News
Banking On National Economic Suicide
Blog
Regulation of the Day 176: Cooking a Burger
In North Carolina, it is illegal to cook a burger to an internal temperature under 155 degrees.
Blog
The Loony Left Era
The Economist has this to say about the NLRB’s pursuit of Boeing: The NLRB is an autonomous body, but its board members are appointed…
Blog
Alcohol Regulation Roundup: May 23, 2011
Alabama: Small vineyards in Alabama support a bill that would allow them to self-distribute up to 24,000 barrels a year, allowing them to compete…
Blog
Government Role in Causing Financial Crisis Much Bigger than Thought
Analysts who once downplayed the government's role in causing the financial crisis now have changed their tune, concluding that government regulations that promoted risky loans…
Blog
Trumka’s Empty Threat to Democrats
AFL-CIO President Richard Trumka is warning Democratic politicians today: Push our agenda, or we won’t support you in the 2012 election. It’s hard to imagine…
Blog
Regulation of the Day 175: Firing Dwarves
It would be nice to help out and give a job to someone who needs it, but for many employers, it’s just not worth the…
Blog
Forced Unionization: Bad for Business?
Only four short months ago President Obama said: If we make America the best place to do business, businesses should make their mark in…
Blog
Republicans Filibuster Left-Wing Lawyer’s Nomination to Key Appeals Court; Block Confirmation of Goodwin Liu
"Goodwin Liu's nomination to the Ninth Circuit Court of Appeals appears to be done for" thanks to a Republican filibuster, says David Freddoso of…
Blog
Delaware to Erase a Remnant of Prohibition?
On April 6, a remarkable bill was quietly introduced in the Delaware state house. If it passes and is signed into law,…
Blog
Felix Salmon on Internet Gambling
He writes: But it’s insane to legalize an activity on the grounds that some tiny fraction of the people doing it are very successful…
Blog
NFL Case Illustrates Power of Unions
The NFL's protracted labor dispute with The Union Formerly Known As The NFL Players' Association (TUFKATNFLPA) turned another corner yesterday. An Appellate Court ruling granted…
Blog
Unionization by Regulation: House Oversight Committee Seeks Answers from Politicized NLRB, NMB
As unions continue to decline in their private sector membership, union leaders are seeking political solutions to their problems. President Obama will need organized labor’s support…
Blog
Planning to Disaster: Paso Robles, Calif. Adopts Form-Based Code
I’ve previously written about the dangers of form-based codes (see here, for instance), the Euclidian zoning replacements that, rather than gut government planning abilities,…
Blog
USDA’s War on Potatoes
The Wall Street Journal reports today that the U.S. Department of Agriculture is proposing to “eliminate the ‘white potato’ — defined…
Blog
Greenland Flourishes Due to Global Warming and Climate Change
Alarmists have been decrying the effects of global warming on Greenland for years, even though Greenland was greenest during the Medieval Warm Period, and Greenland’s Vikings,…
Blog
CEI Files Another Amicus Brief Challenging Obamacare
Debate over the constitutionality of the massive health care law passed in 2010 has focused on its "individual mandate": the requirement that individuals buy health…
Blog
PROTECT IP Act: The Good, the Bad, and the Ugly
Combating "rogue websites" is a top priority for many in Congress this year. Lawmakers have held several hearings over the past few months…
Blog
Durbin ‘Swipe Fee’ Price Controls — Bernanke’s Warning and Dean Baker’s Fudge of Fed Data on Costs
Even considering the usually sympathetic audience at the Huffington Post, liberal economist Dean Baker had a tough task of persuasion with his Monday column defending…
Blog
Senators Introduce Bill to Push Back against NLRB Overreach
Reacting to the National Labor Relations Board’s (NLRB) blatant efforts to promote organized labor’s agenda, Sens. Lamar Alexander (R-Tenn.), Jim DeMint (R-S.C.), and Lindsey Graham (R-S.C.)…
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Regulation of the Day 174: Lying about the Size of the Fish You Caught
If you live in Texas, look over your shoulder before you tell a tall tale about your last fishing trip.
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Raise Awareness on Your Own Time
The Washington Examiner had a piece that hits close to home, as I have seen this waste firsthand. I’m sure many in D.C. area…
Blog
TSA Pats Down Infant
Surprisingly, no explosives were found during extra screening, including what a TSA official describes as a "modified pat-down" of the suspicious infant.
Blog
Who’s Afraid of Walmart?
As surely as summer follows spring, it seems like every new Walmart store opening announcement in a major city is now followed by protests. The…
Blog
Hormones in Milk: They Do a Body Good
Today's Washington Post Food section contains a number of articles following up on the Post's "The Future…
Blog
Regulation of the Day 173: Yellow Pages
San Francisco is phasing out the distribution of hard-copy Yellow Pages.
Blog
Time to Recharter Executive Agencies
Several government agencies are mightier today than traditional departments like the Treasury. For instance, the EPA is one of the major regulatory bodies and…
Blog
The FCC is Broken
A new report in The Hill notes House Republicans’ concern over “dysfunction” at the Federal Communications Commission (FCC) and the need for overhaul. Their…
Mercury News
When Washington Fails a Cost-Benefit Test
Today I’m pretending I’m a bureaucrat, and I’ve decided you shouldn’t do backflips on a pogo stick. Also, nousing a pogo…
American Spectator
Congressional Economics
The House of Representatives is not exactly a bastion of economic knowledge. But it can be a goldmine for economic educators if they know where…
Blog
Alcohol Regulation Roundup: May 9, 2011
While some states seem to never change at all, this Monday's Alcohol Regulation Roundup highlights some pleasant possibilities on the horizon.
Blog
Clinic for Porn Actors Closes, AIDS Group Rejoices
After years of the AIDS Healthcare Foundation trashing them in the media, the Adult Industry Medical Foundation (aka AIM) has closed its doors for good,…
Blog
Regulation of the Day 172: Bestiality and Baggy Pants
NBC Miami's Brian Hamacher with the second-best lede I've read this week: "Floridians are going to have to start pulling up their pants and stop…
Blog
CEI Podcast for May 5, 2011: Salt
A new study says that high-salt diets may not be as harmful as once thought. Research Associate Daniel Compton takes a look.
Blog
Prince Charles Says, “Let Them Eat Organic”
HRH the Prince of Wales delivered the keynote address at The Washington Post's "Future of Food" conference yesterday at Georgetown University.
Blog
It’s Nothing Death, Poverty, and Ignorance Can’t Fix
The New York Times “Room for Debate” frets today about overpopulation (h/t Don Boudreaux). Julian Simon and liberty have long since come…
Blog
Regulation of the Day 171: Cream Puffs
This blog will be paying close attention to the heated legislative battle in Madison to give the delicious cream puff its due.
Blog
Union Health Dependent on Obamacare
The Obama administration through Obamacare (Patient Protection and Affordable Care Act) steadily gives competitive advantages to Big Labor. Benefits for top political donors of the…
American Spectator
Under Obama, Running Out of Money Is a Success
Only in Washington would running out of money and prematurely limiting a program be considered a success. This Friday (May 6,) Obamacare’s first handout program…
Daily Caller
Free Trade Agreements Don’t Kill Jobs
The U.S. is slowly working towards free trade agreements with Colombia, Panama, and South Korea. After years of wrangling, they might even pass this…
Blog
D.C. Councilmembers Propose Taxicab Medallion System… Again
Washington, D.C., is one of the five taxicab jurisdictions in the country that allows for essentially free entry. While the cab situation in D.C. is…
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