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
Building Height Restrictions: Where I Agree with Matthew Yglesias
Matthew Yglesias of the Center for American Progress links to a Washington Post article that notes that office rents in downtown D.C. are now…
Blog
Meager Part-Time Work Masks Unemployment
Unemployment is often masked by part-time work, since people who would prefer to work full-time are not treated as unemployed by government statistics if they…
Blog
Morning Media Summary
Tech: The World is Full of Interesting Things: “That’s the name of a brilliant slideshow created by Google’s Creative Labs. You’ll find a…
News Release
Experts Urge Michigan’s Next Governor to Reform Insurance Regulations
Contact: Lee Doren, 202-331-2259 Washington, D.C., October 19, 2010 – Michigan’s next governor has his work cut out for him. It is no secret that…
Blog
Killed by Pension Accounting
Think accounting rules are a boring topic? You wouldn’t if the fate of your business rested on it. Indeed, a rule change may be coming…
Blog
Morning Media Summary
Tech: Facebook in Privacy Breach: “Many of the most popular applications, or “apps,” on the social-networking site Facebook Inc. have been transmitting…
Op-Eds
Delaying Foreclosures Only Adds to Pain
Federal housing promotion policies over-stimulated the supply and demand for housing and that destabilization continues. Efforts to make home ownership a “human right” are partly…
Blog
Restricting What People Eat, Based on the Ignorance of Food Snobs
There are increasing calls for the government to restrict salty food and fast-food restaurants, and tax fast food, to curb obesity. This is especially true…
Blog
Obamacare Results in 47 Percent Premium Hike
Obamacare has just led to a 47 percent increase in some health insurance premium rates in Connecticut: The state’s largest insurer has been approved to…
Blog
Regulation of the Day 153: Pentagon Cybersecurity
The military’s cybersecurity experts are governed by 193 documents. They are all conveniently listed in a chart. It is two feet long.
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Judge Rejects Obama Administration’s Motion to Dismiss Challenge to Obamacare
A judge in Florida has rejected the Obama administration’s motion to dismiss challenges to Obamacare brought by 20 state attorneys general and the…
Blog
Morning Media Summary
Tech: Putting the squeeze on the broadband copper robbers: “When we think of tech crime, we tend to imagine hackers cooking up exploits…
Blog
Government Workers Oppose Cuts in Government Jobs…Really
It turns out that government workers have a vested interest in opposing cuts in government jobs. Who knew, right? The Washington Examiner today ran…
Blog
CEI Podcast — October 14, 2010: Antitrust Follies and Regulatory Reform
CEI Vice President for Policy Wayne Crews talks about why antitrust actually hurts competition, and offers some ideas for regulatory reform.
Blog
Stop Coddling Mortgage Deadbeats
Right now, there’s a big manufactured outrage over the fact that at a few banks, paperwork errors occurred in foreclosures. The Wall Street Journal…
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Ben Lieberman on Government Regulations
Watch the video on YouTube…
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Morning Media Summary
The following is a roundup of the morning’s media. We hope you will make a daily stop at Open Market to read the latest updates.
Blog
McDonald’s 6-Month-Old Burger is a Triumph, Not a Terror
To prove a friend wrong, New York artist Sally Davies left a happy meal out on her counter for six months. Yesterday, several media…
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Regulation of the Day 152: Locking Your Car Door
The government of Bucks County, Pennsylvania plans to issue $25 fines to people who forget to lock their cars.
Blog
Wayne Crews in The Washington Times
Wayne Crews has an op-ed in today’s Washington Times titled, “The Tyranny of the Unelected.” He writes, The year’s Federal Register – the daily depository…
Blog
Fox Business: Government Is Burning Our Money
Americans are peeved about the economy. Or, 85 percent of us are, according to an ABC News article. So, we need government to…
Op-Eds
Tyranny of the Unelected
Congress passed and the president signed 125 bills into law in 2009. Your tireless federal regulatory agencies were even busier: They issued 3,503 rules and…
Blog
CEI Weekly: United Auto Workers Shut Down GM Plant
CEI Weekly is a compilation of articles and blogs from CEI staff. This week features Vincent Vernuccio's October 1st interview on Fox Business' Varney &…
Blog
Morning Media Summary
The following is a roundup of the morning’s media. We hope you will make a daily stop at Open Market to read the latest updates.
Blog
Bootleggers and Baptists Everywhere
Bruce Yandle’s insight of how erstwhile alliances of “Bootleggers and Baptists” help drive state intervention into economic matters is extremely useful when looking at…
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Private Employers Cut 39,000 Jobs in September
The private sector shed 39,000 jobs in September. Liberal journalists claim this was “unexpected.” This reveals their shaky grasp of economics. If you…
Blog
Morning Media Summary
The following is a roundup of the morning's media. We hope you will make a daily stop at Open Market to read the latest updates.
Blog
If You Like Your Health Plan, You May Lose It Anyway
Another major employer, 3M, has decided to “eventually stop offering its health insurance plan to retirees, citing the federal health overhaul as a factor.”…
Blog
Supreme Court Is Neither Pro-Business Nor Conservative
The Supreme Court is not a particularly conservative court. It rules against businesses more than the lower federal courts do, and its rulings have overturned…
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Fred Smith Featured in Politico’s “Answer This”
Fred Smith was profiled today in Politico‘s “Answer This” column by Patrick Gavin. Here are a few highlights: What’s a common and accepted practice for…
Blog
Virginia ABC Store Privatization: Improving Plan, Dimming Political Support
When Virginia’s governor Bob McDonnell’s unveiled his plans for privatizing the state-run liquor sales system nobody was terribly thrilled. The plan’s basic outline (as I…
Blog
Obamacare May Force McDonald’s to Drop Health Coverage for Employees
Michelle Malkin points out that “McDonald’s has notified the feds that it may be forced to drop health insurance for some 30,000 workers due…
Citation
SEC “Proxy Access” Rule Could Empower Unions, Political Activists and Undermine Investors
Op-Eds
Washington Ideas Forum
Study
Free Enterprise Fund v. PCAOB: Narrow Separation-of-Powers Ruling Illustrates That the Supreme Court Is Not ‘‘Pro-Business’’
Full Document Available in PDF Chief Justice John Roberts has often been depicted as an advocate of narrow rulings and a judicial philosophy…
Blog
The Failed Stimulus Package Reveals What Economy Really Needs
A failure can make for a valuable learning experience, and the stimulus package is no exception. Clearly the stimulus has not worked, and from…
Blog
22,000 Lose Their Health Insurance Due to Obamacare
Approximately 22,000 senior citizens just lost their health plan with Harvard Pilgrim Health Care, which dropped its Medicare Advantage Program due to “cuts in…
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New EPA Rules Will Cost More than 800,000 Jobs
New EPA rules will cost more than 800,000 jobs, probably far more, according to a newly released congressional report. That includes the EPA’s…
Blog
Using Government to Weed Out Competitors
In states throughout the country, beverage distributors are stepping into the political ring and in every case the opponent is the same: competition. Since prohibition,…
Op-Eds
Response to How Would GOP’s ‘Pledge’ Affect Economy? – Pledge Takes On Overregulation
Though much of the commentary on the GOP’s “Pledge to America” has forcused on the areas of taxes and spending, the provision that may contain…
Blog
An Unpaid Internship at the White House
@whitehouse on Twitter alerted me this morning that applications for internships at the White House are due by October 3. I couldn’t help but look…
Blog
Regulation of the Day 151: Water Heaters
The EPA recommends setting your water heater to 20 degrees Fahrenheit. But OSHA recommends setting it to 140 degrees Fahrenheit. Why the difference?…
Blog
An Annoying Regulation for Every Room in the House
The Obama administration isn’t satisfied giving the American people several big things we don’t want — the stimulus package, expanded bailouts, Obamacare — but it…
Blog
CEI Weekly: Congress Should Liberate to Stimulate
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features John Berlau's debate with Heather Boushey from the Center for…
Op-Eds
No Regulation Without Representation
Having excoriated the Bush administration and Republicans in Congress — on this site and elsewhere — for falling short of principles on TARP…
Blog
CEI Podcast – September 23, 2010: The Frankenfish Myth
CEI Senior Fellow Greg Conko, author of The Frankenfood Myth, talks about the promise and imagined peril of genetically modified salmon.
Blog
GOP “Pledge to America” Includes Constructive Reg Reform
The House Republican “Pledge to America” unveiled today has been criticized by RedState’s Erick Erickson and other center-right pundits for a lack of specifics.
Blog
Obama Financial Czar Appointment Is Unconstitutional, Liberal Law Professor Says
Obama has appointed controversial Harvard Law Professor Elizabeth Warren to informally run the powerful, newly-created Bureau of Consumer Financial Protection that will regulate the…
Blog
Many Free Checking Accounts Disappearing Due to Dodd-Frank Financial “Reform” Law
The so-called financial “reform” bill that passed Congress — the Dodd-Frank Act — is wiping out many free checking accounts, since…
Blog
Unfair ‘Paycheck Fairness Act’ Shafts Workers With Hazardous Jobs
We wrote earlier about the Paycheck Fairness Act, a bill of Orwellian deception that would result in employees unfairly receiving equal pay…
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Study: Regulations Cost $1.75 Trillion in 2008
State and local regulations, of course, cost extra.
Blog
America: Land of the Free?
Prior to arriving in America I imagined this country as being the land of the free. But somehow, it turned out this was a wrongly…
Blog
Insurers Drop Children’s Health Insurance Due to Obamacare
Insurers have stopped writing children-only health insurance policies due to mandates in Obamacare that ignored basic principles of economics. So if…
Blog
Distracted Driving Kills, But What About Dysfunctional Policy?
The Obama administration, having succeeded in bringing about economic recovery and having nation-built a democratic Afghanistan, has set its sights on another pressing…
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General Motors Now Admits It Didn’t Repay Bailout Money
Contrary to its claims in TV ads earlier this year, General Motors has now admitted that it did not repay…
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Insurance Regulators Approve Increases Based on Obamacare
In Connecticut, insurance rate regulators have approved hikes in insurance premiums of up to 20 percent, agreeing with insurers that…
Blog
Senators Challenge Administration’s Big Labor Giveaway
Despite all they have gotten from the Obama administration, many union leaders have vented their frustration over Democratic lawmakers’ failure to enact the unions’ top…
Blog
CEI Weekly: Regulations Discourage Small Businesses from Hiring
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features Wayne Crews' article this week where he lists the effects…
Blog
Regulation of the Day 150: Toy Guns
Samuel Burgos is 8 years old. One day he brought a toy gun to school in his backpack. That got him expelled from his Miami…
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Obama’s Broken Pledge to Cut Wasteful Spending
When Obama was elected, he claimed he would “go through our federal budget– page by page, line by line–eliminating those programs we don’t need.”…
Blog
New CEI Podcast: Creating High-Tech Jobs
Ryan Radia, CEI's Associate Director of Technology Studies, talks about obstacles and opportunities for job creation in the high-tech sector.
Blog
CEI Weekly: CEI Stars in “The Green Swindle”
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features CEI Expert RJ Smith on Fox News to speak on…
Blog
San Francisco’s Mayor Opposed to Alcohol Tax
It isn’t often that we get to praise politicians, but cheers to San Francisco Mayor Gavin Newsom who vowed to veto plans for an…
Blog
Clearing the Way for High-Tech Jobs
Over at RealClearMarkets.c0m, my colleague Ryan Radia offer some ideas for how to create more high-tech jobs. Our main points:…
Blog
Study: Cash for Clunkers Didn’t Work
Cash for clunkers didn't change HOW MUCH people spent. It only changed WHEN they spent.
Blog
Obama Administration Mandates More of the Risky Loans That Spawned the Mortgage Crisis
The federal government is now expanding the affordable-housing mandates that helped spawn the mortgage crisis by goading mortgage giants Fannie Mae and Freddie Mac to…
Blog
America Declines in Property Rights, Rule of Law
The World Economic Forum says that property rights are deteriorating in the United States, to the point where America ranks behind third-world countries…
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VA Liquor Privatization Bought with Higher Taxes?
Free marketeers in the Commonwealth of Virginia waited with high hopes after Governor Bob McDonnell made the announcement that he planned to privatize state-run…
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Obama Proposes $50 Billion More in Wasteful Deficit Spending
President Obama has proposed $50 billion more in deficit spending after his original $800 billion stimulus package…
Blog
Regulation of the Day Update: Ladies’ Night Bar Specials
Attorney Roy Den Hollander think ladies' nights are unconstitutional. So he sued several bars.
Newsletter
Bailouts, Wind Energy, and Credit Card Regulation
Hans Bader argues that the new bailout makes responsible citizens "Suckers." Myron Ebell thinks it is doubtful that wind farms will survive Hurricane Earl. John…
Blog
You Were a Sucker If You Were Responsible, Thrifty, and Saved Money for a Down Payment
The Obama administration will launch today a new $14 billion program to bail out some people who are underwater on their mortgages. During the…
Op-Eds
Credit Card Regulation: Big Government vs. Small Business
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Unemployment Jumps to 9.6%, 54,000 More Jobs Lost
Unemployment went back up to 9.6%, as the nation shed 54,000 jobs in August. Yet Obama calls this “Recovery Summer.” This is…
Blog
Record Federal Spending Increase Due to Wasteful Spending Like the Failed Stimulus Package
Federal domestic spending increased by a record 16 percent this year, thanks to wasteful spending by the Obama administration, such as its “huge economic…
Blog
Antibiotics and Meat DO Mix
Whether you’re talking about human or animal use, banning beneficial uses today can have negative impacts on human and animal health just as surely as…
Blog
Video Exposes Labor Union Protesters – No “Living Wage,” No Health Insurance, No Union Membership
Video: Unions hire non-union protesters? Should labor unions pay their protesters the wages and benefits that the unions demand of other employers? CEI labor…
Forbes
Hurricane Katrina, Houston And The Humanitarian Case Against Zoning
On a Monday morning in late August 2005 Hurricane Katrina made landfall along the…
Blog
Expensive Jobs
Stimulus spending costs $221,428.57 per job saved or created. Startlingly inefficient.
Blog
CEI Weekly: Post-Spill Moratorium Worse than the Spill
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features Ben Lieberman's op-ed, criticizing the deleterious effects of the oil-spill…
Blog
Federal Regulators Making Laundry More Costly And More Dingy
In a classic case of a government solution in search of a problem, Washington has for years set energy efficiency standards for home appliances. By…
Forbes
Greg Conko on Salmonella and Eggs
Competitive Enterprise Institute Senior Fellow Gregory Conko discusses the concern over salmonella and eggs. He explains why people do not need to panic.
Blog
Regulation of the Day 149: Sliced Bagels
In New York State, sliced bagels cost 8 cents more than unsliced bagels.
Blog
CEI Weekly: The Union Pension Bailout
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features Vincent Vernuccio's appearance on Fox Business to discuss the multi-billion-dollar…
Blog
Regulation of the Day 148: Cutting Grass in Cemeteries
In the world of regulation, no good deed goes unpunished.
All Gov
Obama on Pace to Match Bush’s Lengthy Federal Register Record
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Regulation of the Day 147: Breathing Fire
Jimmy’s Old Town Tavern in Herndon, Virginia has fire-breathing bartenders. Two of them are facing 45 years in prison for fire code violations.
Blog
Federal Register Hits 50,000 Pages
And it's on pace to hit a near-record 80,447 pages.
Blog
Radical Capitalism: A Noble Experiment We Ought to Try
Earlier this month, Bloomberg published an article by Boston University economist Larry Kotlikoff in which he declared that the U.S. was bankrupt and headed…
AOL News
The FDA’s Deadly Overcaution
In the past two months, there've been news accounts of two major diagnostic advances in medicine. One involves a far more efficient HIV detection…
Blog
Regulation of the Day 146: Airplane Child Seats
The NTSB wants to throw away 50 lives to save an estimated 1 or 2 lives.
Blog
Yandle: Everyman’s Deficit
Clemson University economist Bruce Yandle has published a new paper that compares the federal government’s spending habits with that of the average family. Yandle…
Blog
The Dangerous Minds of Urban Planners
Since the U.S. Supreme Court’s 2005 Kelo v. New London decision, significant attention has been paid to the way government interacts in the property…
Blog
Government Spends Billions Bailing Out Foreign Firms and Countries, and Replacing American Jobs With Foreign Green Jobs
Our government spent as much money bailing out foreign firms as some countries spent on stabilizing their entire financial system. Much of the money…
Blog
Government-Sanctioned Lying and Reparations Increase National Debt: The Pigford Class Action
There are only 36,697 black farmers in the entire country, but in a class-action lawsuit, more than 86,000 African-Americans claimed to have suffered…
Blog
Financial “Reform” Harms Farmers, While Leaving Corrupt Government-Sponsored Mortgage Giants Unreformed
Farmer Betsy Jensen explains how the so-called financial “reform” bill signed by President Obama will harm agricultural markets, and thus farmers, in today’s New…
Blog
Oh, the Horror! Budget Cuts Mean Pampered Artists Get Less Government Money to Insult Taxpayers
Thanks to budget cuts under England’s new Conservative coalition government, “London may no longer be ‘a beacon for controversial pieces’ such as last year’s…
Blog
Why Mortgage Giant Freddie Mac Is Getting a Bailout: Costly Obama Policies and Giveaways
Earlier, I wrote about mortgage giant Freddie Mac’s demand for $1.8 billion more in bailouts. Why does it still need more bailout money, when…
Blog
House Panel Releases Ethics Charges Against Rep. Maxine Waters
A House ethics panel has released the charges against left-wing firebrand Rep. Maxine Waters (D-Calif.) arising out her shady dealings with OneUnited Bank. (Her…
Blog
Government-Sponsored Mortgage Giant Seeks $1.8 Billion More in Bailouts
Mortgage giant Freddie Mac is seeking $1.8 billion more in bailouts from the federal government. This mortgage giant, and its sister company, Fannie Mae,…
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