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: 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…
Blog
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…
Search Posts
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…
Washington Times
Trillion Dollar Rules
The Washington Times features Wayne Crews's study on the size of the federal regulatory state. As a fitting finale for tax season, keep…
Study
Ten Thousand Commandments 2011
President Barack Obama’s new federal budget proposal for fiscal year (FY) 2012 seeks $3.729 trillion in discretionary, entitlement, and interest spending. In the previous fiscal…
Blog
Senator Jim Webb Flunks Legislation 101: Says Congress Can’t Change the Law
Congress can always change the law if it chooses. For example, it passed the 1991 Civil Rights Act, which overturned many Supreme Court decisions interpreting…
Blog
Dulles Rail Union Giveaway to Increase Costs
An expensive rail line for passengers traveling in and out of the Washington, D.C. region's Dulles International Airport never struck me as a good use…
Washington Times
Obama’s Budget Could Triple Tax Rates
In his deficit reduction “vision” speech on Wednesday, President Obama tried to distinguish his plan from that of House Budget Committee Chairman Paul Ryan by…
Blog
Education Department Undermines Due Process and Accuracy in Campus Sexual Harassment Cases
On April 4, the Education Department's Office for Civil Rights (OCR) sent the nation’s school officials a letter urging them to water down…
Blog
Los Angeles (City) Won’t Refuse Permits for Condomless Porn
After years of fighting and failed attempts to force Los Angeles County to require condom-usage on adult film sets, AIDS activists were finally successfully…
Washington Times
The Obama Tax Hike Machete
In his deficit reduction “vision” speech on Wednesday, President Obama tried to distinguish his plan from that of House Budget Committee…
Blog
China Bans Time Travel
In further proof that communists never won the culture war in China, they merely shut down culture altogether, the Chinese government decided this week to…
Blog
STB Should Ignore Calls to Re-regulate Railroads
Yesterday, I filed a comment letter with the Surface Transportation Board (STB) on behalf of CEI regarding the board's request for comments prior to…
Blog
The Environmental-Industrial Complex
Sometimes the green part of green regulations isn't the environment. It's money.
Washington Times
Democrats Fight Over Power, not Economics (Letter to the Editor)
Re: “EPA’s days as ‘rogue’ agency are numbered” & “Democrats will yield on everything but abortion,” April 11 Congressional Democrats’ approach to their pet projects…
News Release
Senate Committee Considers Raising Efficiency Standards, Oblivious to the Mess They’ve Already Created
Contact: Lee Doren, 202-331-2259 Nicole Ciandella, 202-331-2773 Washington, D.C., April 12, 2011 – The Senate takes a step towards further…
Blog
Education Department Changes Burden of Proof in Sexual Harassment Cases Under Title IX
The Education Department is trying to change the burden of proof that many colleges and universities use in disciplinary proceedings over sexual harassment, despite court…
Washington Times
Activists Sue USDA to Block Herbicide-Resistant Alfalfa
Boston Globe
Google Cleared for ITA Purchase
The Boston Globe discusses the Google antitrust lawsuit settlement with Wayne Crews. The settlement came under fire from Wayne Crews, vice president for…
Blog
Education Department “Dear Colleague” Letter Shreds Presumption of Innocence in Harassment Cases, Ignoring Supreme Court
To promote due process, some college disciplinary systems recognize a strong presumption of innocence, requiring clear-and-convincing evidence of guilt for discipline. That practice is now…
Boston Globe
Still Burning Witches at the FCC
It seems that things are never quite perfect enough these days for the Federal Communications Commission to elect to leave competitive communications markets alone. When…
Blog
My Response to Simon Johnson’s Defense of Price Controls Benefiting Big Retailers
Two weeks ago, I wrote a post blasting 17 Republican senators who voted last year for Dodd-Frank's Durbin Amendment, which puts below-cost price controls…
American Thinker
Regulatory Dysfunction
American Thinker references Wayne Crews's study on the cost of government regulations. In a 2008 review of the cost of government regulations entitled…
Blog
Alcohol Regulation Roundup: April 6, 2011
Nation: Wine shipping is once again being threatened by federal legislation threatening to overturn Supreme Court decisions that clearly made it illegal for states…
Blog
Paul Ryan’s Budget Proposal is Half the Answer
This morning, Rep. Paul Ryan (R-Wisc.) unveiled a bold proposal to trim trillions off America’s bloated budget. It represents the only serious proposal out there…
Blog
CEI Podcast for April 5, 2011: Reforming the Railway Labor Act
Russ Brown, a vice president at the Labor Relations Institute and a CEI Adjunct Analyst, talks about recent changes made to the Railway Labor Act…
Blog
House Rejects Obama-Backed, Pro-Union Amendment to FAA Reauthorization Bill
This afternoon, the House passed the FAA Reauthorization and Reform Act of 2011. Perhaps the most contentious issue debated was a provision of the legislation that…
Blog
Meritless, Massive Class Action Lawsuit Against Wal-Mart Should Be Dismissed
As a lawyer who used to bring class-action discrimination lawsuits for a living, I am puzzled by press sympathy for the massive, meritless class-action lawsuit…
Blog
Gail Giggles at Consumer Choice in the NYT
Gail Collins has a truly inane opinion piece in the NYT today, in which she excoriates those people -- Tea Partiers and libertarians --…
Blog
Six Pages of Legislation, 1,000 Pages of Regulation
HHS is about to issue over 1,000 pages of new regulations stemming from a 6-page section of last year's health care bill.
The American Spectator
Unionization Through Regulation
Changing election rules to favor one side is something we usually associate with dictatorships. Yet a U.S. federal agency did just that recently, as…
Blog
Alcohol Regulation Roundup: March 29, 2011
With April Fool's Day just around the corner, you might think that I'm pulling one over on my readers with the some of the laws…
Blog
Delaware DOT Removes a Public Menace
One wonders just how many regulations this rogue basketball hoop violated in the 60 years it spent terrorizing an unsuspecting Delaware neighborhood.
Blog
Maine Gov. LePage Looks to Reform for Balanced Budget
Governor Paul LePage and Maine have skirted the public attention present in Wisconsin, Ohio, and Michigan that have proposed budget reform bills. Maine has proposed…
Blog
March Madness
In the closing days of March, not only are sports fans a bit crazy, so also are the electorate. Consider the German state of Baden-Wuerttemberg,…
The American Spectator
Antitrust In the Airwaves?
For a moment there I was thrilled that AT&T and T-Mobile were merging, thinking how great it’ll be to finally get reception this coming Easter…
Blog
Senators Seek to Censor Mobile App Stores, Disregarding Public Safety and the Constitution
In the latest example of big government run amok, several politicians think they ought to be in charge of which applications you should be able…
Study
Class Conflict
Gainful Employment Proposal Penalizes At-Risk Student Populations and Hurts the Economy…
News Release
New CEI Study Challenges Department of Education’s “Gainful Employment” Rule
Washington, D.C., March 24, 2011 – In a new study released today by the Competitive Enterprise Institute (CEI), author Kara Cheseby challenges the…
Blog
TTB Should Allow, Not Mandate Nutritional Labels
Last month I penned an article for BigGovernment.com in which I asserted that some large alcohol producers were in favor of the nutritional label…
Blog
CEI Podcast for March 21, 2011: How Washington Ruined Your Washing Machine
CEI General Counsel Sam Kazman talks about how ever-stricter energy efficiency regulations are making washing machines more expensive and less effective than they used to…
Daily Caller
Hammertime: Japanese silver lining? Not hardly
Blog
Alcohol Regulatory Roundup: St. Patrick’s Hangover Edition
While you guzzled green beer and nursed the subsequent hangover, politicians and other interested parties were busy creating or preventing regulatory headaches of their own.
Blog
Are Text Messages an Antitrust Issue?
Text messages cost 20 cents to send, even though they use a fraction of a penny of bandwidth. What gives? Antitrust authorities want to know.
The Wall Street Journal
How Washington Ruined Your Washing Machine
It might not have been the most stylish, but for decades the top-loading laundry machine was the most affordable and dependable. Now it’s ruined—and Americans…
American Spectator
Are Text Messages an Antitrust Issue?
Text messages are expensive. Most carriers charge customers 20 cents for every text they send. But the tiny messages use up only a fraction…
Blog
Interchange — Will 16 Republicans Again Back Durbin’s Price Controls? (Corrected)
Correction: In the original post, I erroneously included Sen. Mike Crapo twice, when I meant to include Sen. Mike Enzi (R-Wyo.) as one of the pro-price…
EWeek
White House Asks for Do Not Track Legislation
EWeek discusses legislation on "Do Not Track" search engine features with Wayne Crews. Congress should be very wary politically defining "Do Not Track,"…
Blog
The War on Scent Continues
Nevada's legislature is considering restricting or banning pesticides, potpourri, air fresheners, candles, and pretty much anything with a scent in public places.
National Review
Broken-Window Fallacy Alert
Blog
Regulation of the Day 167: Wearing Perfume
Portland, Oregon is banning city government employees from wearing perfume or cologne at work.
Blog
Bidding Bon Voyage to Nationalized Wind Insurance
According to several Gulf Coast legislators, the idea of adding wind insurance to the National Flood Insurance Program is not going to happen anytime soon.
National Review
Japan’s Nuclear Crisis: Where Is Steven Chu?
Anyone who has done a little reading on the Japan nuclear crisis will know that we’re facing a less dangerous situation than Three Mile Island.
Blog
Unintended Consequences, Low Flush Toilets
In yet another example of why prudence is necessary on the behalf of law makers, who might have a little more faith in the market…
Blog
Regulation of the Day 166: Cowboy Poetry
This year’s budget battle is especially heated. Democrats want the federal budget to be $3.7 trillion. Republicans want it to be $3.6 trillion. Both sides…
Blog
My Statement on the REINS Act Hearing
Here's my full statement on today's House Judiciary Committee hearing on the REINS Act: We commend the House Judiciary Committee for gathering distinguished experts…
Blog
Alcohol Regulation Roundup: Fat Tuesday Edition
Happy Fat Tuesday, everyone! While you enjoy that frosty alcoholic beverage, enjoy this latest round of alcohol-related regulatory actions throughout the nation:…
News Release
Major Reg Reform Bill, REINS Act, Vetted Before House Judiciary Committee Today
Washington, D.C., March 8, 2011 — Congress has an opportunity to restore oversight and accountability to federal regulatory agencies run amuck, as the House Judiciary…
Blog
How to Help Small Businesses
Politicians love small businesses. Almost every campaign stump speech gushes about how important they are for the economy. Never afraid to put our money where…
Blog
Obamacare’s Costs Rise, as Obama Backers Get Preferential Treatment
The cost of Obamacare continues to explode and exceed its sponsors’ predictions. HHS Secretary Kathleen Sebelius has now admitted to double-counting in the Obamacare…
Blog
Connecticut Legislation Seeks to Unconstitutionally Restrict Political Speech by Employers
A Connecticut legislator is seeking to restrict the speech of employers on “religious or political” topics in pending legislation (House Bill 5460). The bill…
Blog
Compensate Donors for Giving Their Organs
My letter to the editor in today’s Washington Post: The Feb. 24 front-page article “New kidney transplant rules would favor younger patients” reported…
Blog
What Comes with Public Sector Collective Bargaining
The left has been successful in framing Governor Walker's efforts to end collective bargaining rights in the public sector as an assault on…
National Review
How About a Budget for Regulations?
We have a bad fiscal budgetary process that institutionally isn’t capable of controlling the trajectory of federal spending in any direction but up. We need…
Blog
Privatizing Education the Fix for Collective Bargaining Debate
The collective bargaining debate in Wisconsin has elucidated one critical point: The federal, state, and local government should not be involved in industries that can…
Blog
Morning Media Summary
Tech: Windows Intune hits the street March 23: “Microsoft said today that the final version of its Windows Intune cloud-delivered PC management…
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