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
The week in regulations: Farmer training and approving fireworks
Tuesday’s Federal Register contained 105 proposed regulations and 86 final regulations. Much of it was regulatory cleanup for railroads, pipelines, and mining. The reconciliation bill…

Blog
The year the red tape died? Trump’s 2025 rule count hits historic lows
At the halfway point of 2025, the federal regulatory machinery is running at an unprecedented crawl. That’s good news. As tracked annually in my…

Blog
Trump executive order establishing a portal for regulatory dark matter
Even at the insistence of Congress in 2018, 46 federal agencies could only uncover only about 13,000 of their guidance documents and policy statements…
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Blog
Regulation Roundup
Some of the zanier happenings in the world of regulation:…
Citation
Washington Declares War on Debit Cards
Citation
Critics: Obama Milk Reg Change ‘Udderly’ Ridiculous
Citation
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…
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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…
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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…
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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,…
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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…
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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…
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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.)…
Blog
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.
Blog
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…
Blog
“Ten Thousand Commandments” on Capitol Hill
Regulatory reform is at least as important as spending, taxes, and deficits, but it doesn’t get nearly as much attention. That’s why we are pleased…
Blog
Regulation of the Day 170: Kinder Eggs
Kinder eggs are a type of candy that enjoys worldwide popularity. They are also illegal in the United States.
News Release
House Subcommittee Addresses High Costs of Regulations
Washington, D.C. May 3, 2011 – Tomorrow, the House Judiciary Committee’s Subcommittee on Courts, Commercial and Administrative Law will hold a hearing on “Cost-Justifying…
Roll Call
Federal Rules Fight Sparks Reunion
Roll Call discusses the costs of federal regulation with Wayne Crews. Wayne Crews, vice president for policy at the Competitive Enterprise Institute, just…
Blog
Regulation of the Day 169: Singing “Kung-Fu Fighting”
A British man was arrested for singing the 1970s hit “Kung-Fu Fighting”.
Roll Call
Ten Thousand Commandments: How Much Regulation Is Enough?
President Barack Obama’s recent federal budget proposal for fiscal year 2012 sought $3.729 trillion in discretionary, entitlement and interest spending. For reference, George W. Bush…
Blog
Regulation of the Day 168: When Chickens Mate
In Hopewell Township, New Jersey, chickens are only allowed to mate on 10 pre-selected days per year.
Blog
Obama Subsidizes Job-Killing Outsourcing, While Attacking Job-Creating Outsourcing
In his 2008 campaign, Obama demagogued about “outsourcing,” but his own policies have outsourced thousands of American jobs, at taxpayer expense, as I…
Blog
Substantive Reform Must Include Cutting Regulatory Burdens
In today's Investor's Business Daily, Wayne Crews and I argue that reformers shouldn't forget about regulation:…
Blog
Faulty Public Pension Accounting: A Problem too Big to Ignore
One reason the ongoing debate over collective bargaining for government employees has been so loud is that the stakes are so high -- for unionized…
Blog
Supreme Court Refuses the Speedier Route for Health Care Appeal
Monday morning the Supreme Court rejected Virginia Attorney General Ken Cuccinelli's request to speed up the process for a ruling on Virginia's health care appeal.
Blog
Alcohol Regulation Roundup: April 27, 2011
National: Seventeen state attorneys general are asking Pabst Brewing Co. to lessen the alcohol content of its new “Blast” product. Blast, the 12 percent…
Investors' Business Daily
Regulation Cuts Must Be Part Of Serious Reform
Spending reform is all the rage in Washington, with both parties offering proposals to rein in the deficit. President Obama has proposed a mix…
Blog
Regulation: The Hidden Tax
Wayne Crews and I have a piece in today's Sacramento Bee summarizing the main findings of Wayne's "Ten Thousand Commandments" study.
Investors' Business Daily
Obama’s $5 Billion Giveaway
Instead of giving campaign-style speeches about raising taxes and increasing the debt limit, President Obama should be focusing on cutting needless programs that do nothing…
Investors' Business Daily
Chris Horner on New Regulations for Icemakers
CEI Senior Fellow Chris Horner discusses the proposed Department of Energy regulations to mandate increased “energy efficiency” for icemakers…
The Sacramento Bee
Regulation: The Hidden Tax
Appeared: The Sacramento Bee, …
Blog
Paul Ryan Attacked Because His Father Died Early, Resulting in Survivor Benefits
At the age of 16, Congressman Paul Ryan (R-Wis.) suffered the death of his 55-year-old father. Because of his father’s early death, the government made…
Blog
Biofuels Policy — Death and Disease Follow
The inestimable Indur Goklany has an important new report on biofuels and developing countries. “Could Biofuel Policies Increase Death and Disease in Developing Countries?”…
Statesman
Texas Lawmakers Should Reject a Tax on Satellite TV
No one likes new taxes especially ones that don't make sense. Unfortunately, politicians never seem to learn this simple lesson. Lawmakers in Austin are…
Products
Fran Smith’s Briefing Sponsored by the Congressional Sugar Reform Caucus
Sugar program is sweet for farmers, bitter for consumers…
Blog
Icemakers: Mankind’s Doom
An article at Time explains "How the Ice in Your Drink is Imperiling the Planet," and what regulators are doing about it.
Statesman
The Midnight Ride of Standard & Poor’s
Three cheers for Standard & Poor’s (S&P). On Monday, the rating agency issued a critical warning that America’s debt burden is growing too great. By…
NCPA
Regulation Day
National Center for Policy Analysis discusses regulation costs with Iain Murray and references Wayne Crews's study. Every year we are reminded how much…
Blog
A Market Failure in Air Traffic Control?
Air traffic control is simply too important an issue to leave to the free market. It is time to put the government in charge of…
NCPA
The ‘hidden tax’: Report estimates regulation costs economy $1.75 trillion
Washington Times
Red tape recession
The Washington Times reports on Wayne Crews's study on the federal regulatory burden. On Monday, the Competitive Enterprise Institute (CEI) released its analysis…
Newsmax
Hidden Tax’: Govt Rules Cost Economy Nearly $2 Trillion
Newsmax reports on Wayne Crews's study on the size of the federal regulatory burden. Even as politicians and pundits debate taxes and spending —…
Blog
Ten Thousand Commandments
The 2011 edition of Wayne Crews’ “Ten Thousand Commandments” was released today. The annual study gives a big-picture view of the regulatory state. You can…
The American Spectator
How Regulations Add to the Cost of Government
As many of us rush to finish filling out our tax returns, we should remember that what we pay out in taxes — and how…
Washington Examiner
Regulations are Politicians’ (and Lobbyists’) Best Friends
The annual ritual of calculating taxes and rushing to file is upon us today. And it is hardly news that the ever-increasing complexity of the…
Washington Examiner
There Is No ‘Regulation Day’ to Remind Us How Much They Cost
Every year we are reminded how much money the government filches from us on Tax Day. However, there is no equivalent ‘Regulation Day’ to remind…
News Release
Tax Day Report Sounds Alarm on the $1.75 Trillion “Hidden Tax” of Federal Regulation
Washington, D.C. April 18, 2011 – Federal regulations cost even more than the skyrocketing federal budget deficit, and help bring the federal government’s share of…
Forbes
The Economy Needs A ‘Deregulatory Stimulus’
Forbes references Wayne Crews's study on regulation. Assessing the width and breadth of the regulatory state is Clyde Wayne Crews of the Competitive…
New American
CEI Targets Regulations in Annual Report
The New American highlights the report on the regulatory state by Wayne Crews. The Competitive Enterprise Institute released a report today entitled Ten…
Cato At Liberty
If There Were An Annual ‘Regulation Day’
Cato at Liberty points to the writings on regulation of experts Iain Murray and Wayne Crews. As Iain Murray points out at National…
Blog
YouTube Introduces “Copyright School” to Educate Infringing Users
In the ongoing copyright debates, areas of common ground are seemingly few and far between. It's easy to forget that not all approaches to…
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