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
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…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
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Blog
Free the Economy podcast: Corporate responsibility and taxpayer protections with John Mozena
In this week’s episode we cover new Trump tariff rates, Obama’s endorsement of housing abundance, and why the green energy industry…
Blog
The Dreck Equation: Charting the regulatory cosmos
Most people think of federal regulation as the 3,000 or so rules published each year in the Federal Register and archived in the Code…
Blog
The week in regulations: Deep seabed mining and recreational gulf gag
A massive flood in Texas killed at least 120 people. President Trump announced new 50 percent copper tariffs which will take effect on August…
Comment
In Defense of Consumer Choice: CEI Supports DOE’s Withdrawal of Overreaching Regulation on Miscellaneous Refrigeration Products
Department of Energy: Energy Conservation Program: Proposed Withdrawal of Determination of Miscellaneous Refrigeration Products as a Covered Consumer Product Notice of Proposed Withdrawal…
Blog
The logbook of federal red tape last year came to…
The Federal Register for 2024 closed out Joe Biden’s final year in office with a record 106,109 pages. This count swamps the previous record…
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…
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