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: Consumer protection and free speech with Casey Mattox
In this week’s episode we cover the debt load of state and local governments, advances in nuclear waste storage, and hope…
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…
Search Posts
Courier-Post
COMMENTARY: GOP debate’s missing question
The Courier Post published Michelle Minton's article which discusses how the GOP candidates should have approached answering the questions on fantasy football regulations during the…
Business News Daily
Title III Crowdfunding Ruling Changes Startup Fundraising for Good
Business News Daily asks John Berlau about the Securites and Exchange Commision's approval of new rules over the sales of securities through crowdfunding.
Blog
CEI’s Battered Business Bureau: The Week in Regulation
A normal week ended with a bang, with more than 450 pages of EPA regulations swelling Friday’s Federal Register to more than 800 pages (normal is around…
National Review
Regulatory Freeze Needs to Be Part of the Deal
Iain Murray discusses regulatory reform in the National Review: Representative Bill Flores’s Terms of Credit Act, which sought to pair the debt limit…
The Hill
What went unsaid at first Democrat debate
The Hill references Wayne Crews on the missing report to Congress on the costs and benefits of regulation. Inquiries to the SBA about…
Blog
Wayne Crews’s Essay Recognized as Part of 2015 Fisher Award
A collection of essays on the economic challenges facing the United States, as well as paths for recovery, were published by The Fraser Institute in…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week for the federal government due to the Columbus Day holiday. But agencies still found the time to publish new…
Daily Iowegian
Rein in Washington’s overgrowth
U.S. Senator Chuck Grassley references Wayne Crews' study on federal regulation's cost to Americans in the senator's news release. Federal regulations create a…
Boston Herald
As You Were Saying… Cut Regs to Get ‘Back to Future’
The Boston Harold cites the Competitive Enterprise's report that details the cost of federal regulations on American consumers and businesses. Yet while technology…
Milwaukee, Wisconsin Journal Sentinel
Government bureaucracy is stifling economic growth
The Milwaukee, Wisconsin Journal Sentinel highlights CEI's study on the cost of federal regulations to American consumers and businesses. Just look at the…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The 2015 Federal Register broke the 60,000-page barrier in a big way, with new rules ranging from tuna boats to Nicaraguan archaeology. On to the…
Blog
What Will a Chaffetz Speakership Mean for Internet Freedom?
With House Majority Leader Kevin McCarthy’s (R-Calif.) gaffe regarding the Benghazi investigation, the race to replace outgoing Speaker John Boehner (R-Ohio) appears much more open. Days later,…
Blog
Agency Overload: Meet the Federal Bureaucracy One-Page Word Cloud
There exist various counts of agencies in the federal bureaucracy, but no particular tally is regarded authoritative. The “Agency List” page maintained at FederalRegister.gov probably…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
In another busy week, federal agencies issued new regulations for everything from tomato plants to airplane seats. On to the data: Last week, 76 new…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
A slow week closed with a bang, with Friday’s Federal Register containing 15 proposed regulations, 25 final regulations, and 502 pages. Throughout the week, new regulations cover…
Blog
Education Department Power Grabs Criticized in Congress
Yesterday, The College Fix published an interesting story titled “Department of Education shredded for lawless overreach in Senate hearing.” It was about Congress getting annoyed with…
Blog
Jeb Bush Unveils Regulatory Reform Agenda
Traditionally, presidents named Bush have not been friends of limited government. George H.W. Bush raised taxes after his famous “read my lips” speech, and oversaw…
Blog
You Won’t Believe All the Ways Federal Agencies Issue Rules
Recently, I’d pointed out that we don’t really know how many federal agencies there are. That implies we don’t know how many rules and regulations…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
Agencies last week proposed 51 new regulations, and finalized 77 other rules covering everything from aluminum to Peruvian citrus. On to the data: Last week,…
Blog
Rebuilding Liberty with Charles Murray
My colleague Fred Smith has a new review up, this time of Charles Murray’s most recent book By the People: Rebuilding Liberty without Permission. Murray argues that…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week due to the Labor Day holiday, but agencies still found the time to finalize new regulations covering everything from…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
A new International Trade Commission regulation gives a useful reminder of the holy trinity of price regulation: if a company charges a higher price than its…
Blog
How to Fix Regulation without Representation
Before it departed for its August recess, the House passed the Regulations from the Executive In Need of Scrutiny (REINS) Act. It would require Congress…
Wall Street Journal
The Off-Grid Administration
The Wall Street Journal discusses CEI's discovery of the "Richard Windsor" EPA emails: In August the Competitive Enterprise Institute filed a motion in…
The Blaze
‘No Authoritative List’: Federal Gov’t Lacks Precise Number on Just How Many Bureaucracies Exist
Wayne Crews discusses the murky number of federal agencies with The Blaze. Wayne Crews, vice president for policy at the Competitive Enterprise Institute,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As the 2015 Federal Register topped 50,000 pages, federal agencies issued new regulations for everything from bicycles to tuna. On to the data: Last week, 73 new…
Blog
Nobody Knows How Many Federal Agencies Exist
As bureaucracy sprawls, nobody can say with complete authority exactly how many federal agencies exist. The twice-annual Unified Agenda of Federal Deregulatory and Regulatory Actions, which…
Blog
CEI’s Battled Business Bureau: The Week in Regulation
Nearly 2,000 Federal Register pages contain regulations for everything from pay ratios to apricots. On to the data: Last week, 76 new final regulations were published in…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The number of this year’s new regulations zoomed past the 2,000 mark, though the pace is still slower than usual. This week’s new rules cover…
Blog
Regulations Endanger Democracy
The House has passed some key regulatory reform measures this year, including the REINS Act most recently (which stands for “Regulations from the Executive In Need…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
As it zoomed past the 45,000-page mark, the 2015 Federal Register saw new regulations covering everything from space particles to raspberries. On to the data: Last week,…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
One of this week’s 55 proposed regulations is a 264-page Interior Department regulation to prevent water stream pollution from coal mines. Final rules published cover…
News Release
CEI on REINS Act – Fixing Regulation Without Representation
Today the U.S. House of Representatives are voting on the Regulations from the Executive in Need of Scrutiny (REINS) Act. For years, Competitive Enterprise Institute’s…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Dodd-Frank financial regulation bill turned five years old this week (see CEI analysis here, here, and here). Other than that, it was business as…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a busy week for the Federal Register, which included a 629-page proposed regulation from the EPA for greenhouse gas emissions and fuel economy for…
Blog
Sunsetting Federal Regulations
An average of around 70 rules and regulations are issued every week. There were 3,554 in 2015, and have been 1,693 in 2015 as of…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The newest batch of federal regulations cover everything from municipal fireworks shows to Venezuelan sanctions. On Monday, the Federal Register will likely pass the 40,000-page mark. On…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a short work week due to the July 4 holiday, but regulators still managed to publish 34 proposed regulations and more than 90…
Blog
Independence Day? Yeah, Right: A Fourth of July Roundup of Federal Regulation
Congress is in recess and can’t do any more damage as the Fourth of July approaches, but federal agencies remain in business until they enjoy…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The big news from last week was the Supreme Court’s King v. Burwell decision, which upheld the IRS’ right to issue regulations directly contradicting legislation passed by…
Blog
One Nation, Ungovernable? Confronting the Modern Regulatory State
(Note: What follows is a hyperlinked version of the introductory paragraphs to the chapter of the same name in the new Fraser Institute/Mercatus…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The Federal Register passed the 35,000-page mark with new regulations covering everything from food additives to chimpanzees. On to the data: Last week, 81 new final regulations…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a prolific week for the Federal Register, with more than 1,700 pages covering everything from real estate appraisal to water banks. On to the…
Blog
How Many Significant Regulations Escape Congress’ Notice?
The Spring 2015 Unified Agenda of Federal Regulatory and Deregulatory Actions was released in late May, presenting recently completed actions and ongoing priorities of the federal…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
New regulations last week covered everything from growing cherries to airport security fees to preventing collisions at sea. On to the data: Last week, 65…
Blog
Obama Has Issued More “Economically Significant” Rules in 6.5 Years than Bush Did in Eight
It happens to be the case that, in terms of overall counts of rules and regulations published in the Federal Register as final rules, the George W.
Blog
Here Are All 205 “Economically Significant” Rules in the Spring 2015 Unified Agenda of Federal Regulations
The Spring 2015 Unified Agenda of Federal Deregulatory and Regulatory Actions was released by the Obama administration just before Memorial Day weekend. It’s less of a…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
It was a four-day work week because of the Memorial Day holiday, but regulators still had a busy week, with new regulations covering everything from…
Blog
CEI’s Battered Business Bureau: The Week in Regulation
The big regulatory news from last week was the publication of the semiannual Unified Agenda, which lists most upcoming regulations from rulemaking agencies at various…
Forbes
A Comprehensive Regulatory Reform Agenda, Barack Obama Veto Pen Notwithstanding
Congress passes a few dozen laws each year, but regulators meanwhile issue several thousand rules and regulations. On top of that, “regulatory dark matter“…
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