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
News Release
Regulators propose improvements to Clean Water Act regs: CEI analysis
Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed…
Blog
Free the Economy podcast: Maximum New York with Daniel Golliher
In this week’s episode we cover climate collusion between California and Quebec, how luxurious college campuses are breeding socialists, and government…
Blog
The regulatory costs we still aren’t counting
Several years ago, I assembled a “Costberg” working paper surveying the largely impenetrable and undisclosed costs of regulation. The project grew out of…
Search Posts
Blog
What the DOGE debates really reveal
Last week I took part in a point/counterpoint on the Elon Musk-led Department of Government Efficiency (DOGE), making a brief case for its mission…
Blog
The week in regulations: Medical devices and tuna
President Trump proposed a 100 percent tariff on foreign movies, and reopening Alcatraz. The US and UK announced a trade deal. The Vatican named a…
Blog
Free the Economy podcast: Dear Mr. President with Destry Edwards
In this week’s episode we cover the economic slowdown from tariffs, more accountability for independent agencies in the federal government, and…
Blog
The week in regulations: Steel tariff inclusions and policies for arresting journalists
The 2025 edition of Wayne Crews’s Ten Thousand Commandments is out now. The economy shrank 0.3 percent in the first quarter of…
Blog
Commencing deconstruction of the administrative state – Trump’s next 100 days
Federal regulation costs trillions of dollars each year. Call it the “costberg”—a vast, submerged amalgam of rules, guidance, and paperwork reshaping the economy without…
Blog
The week in regulations: Taconite plans and ante-mortem horse inspections
Markets went down when President Trump threatened to fire Fed chair Jerome Powell and went up when he backed off. Agencies issued new 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