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…
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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…
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Obama Justice Department Uses Americans with Disabilities Act to Harm the Disabled, Risk Lives, and Undermine Safety
“Amazon.com . . . tried to sell a talking Kindle reader, but” the Justice Department “said it couldn’t because the button to make the…
Blog
CEI Weekly: Lessons from the Ma Bell Era
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's Ryan Radia in his film on the history of…
Newsletter
Kagan Confirmed, Ford Motor’s Finances and Critiquing Obama’s Economic Policy
The U.S. Senate confirms Elena Kagan to be the next member of the Supreme Court. President Obama announced a $250 million government loan to Ford…
Blog
131,000 Jobs Lost in July; Obama Aide Abandons Ship; Economists Criticize Obama; More Bailouts
“Non-farm job losses hit 131,000 in July,” on top of a loss of 97,000 jobs in May and June. Another Obama economic advisor is…
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Fumento on Neil Cavuto tonight on Toyota
I’m scheduled to be the lead guest on Neil Cavuto on the Fox Business Channel at 6pm tonight. Subject: The news that NHTSA is withholding…
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Manuel “Muso” Ayau RIP
Manuel Ayau, known by his many friends and admirers as “Muso,” passed away early this morning, in his native Guatemala — a country he loved and…
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Missouri Voters Overwhelmingly Reject ObamaCare’s Individual Mandate in Referendum
“Missouri voters on Tuesday overwhelmingly rejected a federal mandate to purchase health insurance, rebuking President Barack Obama’s administration and giving Republicans their first political…
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Left-Wing Politician Faces Ethics Charges for Improperly Using Influence to Aid Bank
Rep. Maxine Waters (D-Calif.) is facing ethics charges after she improperly used her influence to get special favors from regulators, and costly taxpayer bailouts,…
Blog
The Environment is a Luxury Good
One of the central insights of Free-Market Environmentalism is that people treat the environment as a luxury good. They are willing to pay for it…
Newsletter
The Politics of Booze, Challenging Obamacare and “Paycheck Fairness”
Beer wholesalers have been throwing massive amounts of money at Washington. A federal judge in Virginia allows the state’s lawsuit against Obamacare to proceed. The…
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Regulation of the Day 145: Unregistered Chariots
King Tut's chariot is now on exhibit in New York, but not without incident. Officials demanded to see its VIN before Allowing it in the…
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Paycheck Fairness Act Would Mandate Equal Pay for Unequal Work
The Obama administration wants to force employers to pay some people equal amounts for doing unequal work, through a deceptive bill known as the Paycheck…
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Judge Lets Virginia Challenge ObamaCare’s Individual Mandate, Refusing to Dismiss Lawsuit
A federal judge in Virginia has allowed the state’s lawsuit challenging the federal individual health care mandate to proceed: “A judge on Monday…
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In defending Kagan, Media Matters embraces Bush Justice Department
Well, who woulda thunk it?! George W. Bush’s Justice Department is now considered a citadel of wisdom by the legal eagles at the liberal Media…
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Give & Take: Fifth Amendment Complicates Net Neutrality
Opponents of net neutrality, including the Competitive Enterprise Institute, have pointed to numerous grounds upon which the detrimental scheme could be challenged. These…
Blog
CEI Weekly: The History of Environmentalism
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's RJ Smith in his own short film on the…
Newsletter
Online Gambling, Offshore Drilling and the Complexity of Obamacare
The House Financial Services Committee passes the Internet Gambling Regulation, Consumer Protection, and Enforcement Act. Today the House of Representatives will vote on an energy…
Blog
Understanding the Health Care System
Check out this flow chart of what the health care system will look like once Obamacare is implemented.
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A tort reform advocate’s dream, my article in Forbes.com
It’s a tort reform advocate’s dream–meaning a defendant’s worst nightmare. As I write in my Forbes.com article, “California Trial Lawyers Find A Geezer Goldmine,”…
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Jim Hood: Another of the Nation’s Worst State Attorneys General
Mississippi Attorney General Jim Hood has a truly awful record, as today’s Wall Street Journal notes, citing his links to trial lawyers who tried…
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Bill to Regulate Political Speech Fails
It was mostly Democrats who favored the DISCLOSE Act. But Republicans are no heroes on this issue. Don't believe their posturing.
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Regulation of the Day 144: Underage Senior Citizens
Bob Russ is 66 years old. He was denied entry to the Oregon Brewer’s Festival because he lacked a valid photo ID to prove he…
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America’s Worst State Attorney Generals Exposed; Consumers and Businesses Ripped Off
The nation’s worst state attorney generals use lawsuits as a weapon to redistribute billions of dollars from businesses and consumers to their wealthy trial-lawyer friends…
Newsletter
Online Privacy, Food Safety and Unemployment Benefits
The Senate Commerce Committee prepares for a hearing on consumer online privacy. Environmental groups sue to compel the Food and Drug Administration to ban the…
Citation
Financial Overhaul Just Another Case of Government Overreach
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Who is Elizabeth Warren and why does Big Labor Love Her?
The Dodd–Frank Financial Regulation Bill, which President Obama signed today, created yet another Czar to head yet another Executive Agency, the…
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CEI Weekly: The Nation’s Worst Attorneys General
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Hans Bader's newest study on the worst attorneys general in…
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Automakers Face Potentially Massive Race-Discrimination Class-Action Lawsuit Thanks to Obama Administration
“Decisions on which car dealerships to close as part of the auto industry bailout — closures the Obama administration forced on General Motors and Chrysler…
Newsletter
Congress’ Confidence Level, Attorneys General Gone Wild and Liberating Wine Sales
A recent poll found that only 11% of Americans have confidence in Congress. CEI releases a report on America’s worst state attorneys general. New York…
Blog
The Nation’s Worst State Attorneys General
The nation’s worst state attorneys general abuse the power of their office for political ends, undermining the rule of law. In…
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Public’s confidence in institutions at odds with Administration’s and Congressional attacks
In a new Gallup poll on confidence in institutions, Congress ranked last out of 16 institutions consumers were asked to consider. Only 11…
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Richard Blumenthal Rated Second-Worst Attorney General in America
Connecticut Attorney General Dick Blumenthal has just been rated the second-worst state attorney general in America by the Competitive Enterprise Institute in its recent…
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President Obama Signs Dodd-Frank Financial “Reform” Bill: 2315 Pages of Special-Interest Payoffs
President Obama today signed into law the Dodd-Frank financial “reform” bill, the “most sweeping overhaul of U.S. financial market regulations since the Great Depression.”…
Blog
Phony “Toyota deaths database.” My article in Forbes magazine
In the Toyota witch hunt, nothing has been more damning than those deaths we’re told Toyota sudden acceleration “allegedly caused” or, depending on whom you…
Newsletter
Elena Kagan’s Nomination, Obama Signs Financial Regulation Bill and Defending the Right to Work
The Senate Judiciary Committee approves the nomination of Elena Kagan to the U.S. Supreme Court. Today President Obama will sign recently-passed financial regulation bill into…
Op-Eds
Obama’s Latest Monstrosity
The 2,315 page Dodd-Frank financial regulation bill that President Obama will sign today should not be called “financial reform.” Instead the bill, which…
News Release
Lift Government Barriers to Encourage Competition and Innovation
Washington, D.C., July 21, 2010—Tomorrow the Senate Commerce Committee will mark up the “America COMPETES Act,” possibly adding an amendment that would create a 15-member…
News Release
Extending Unemployment Benefits Will Increase Unemployment, Hurt Economy
Washington, D.C., July 21, 2010—The Senate today approved an extension of federal unemployment benefits to a maximum of 99 weeks. This move is likely to…
Newsletter
National Security, Federal Red Tape and Private Government in Florida
The Washington Post reports that 854,000 people have top-secret security clearances. The Federal Register for 2010 now exceeds 40,000 pages. Just outside of Florida’s Walt…
Blog
Federal Register Hits 40,000 Pages
The Federal Register’s page growth has been accelerating as the year has progressed. It is currently on pace for 76,536 pages.
Blog
Senate Passes Financial “Reform” That Leaves Corrupt Bailout Recipients Unreformed, While Harming the Public
Yesterday, the Senate passed a so-called financial reform bill by a vote of 60-to-38, making it all but certain to become law. The bill…
Blog
Earthquake Hits Washington, D.C. Area; Politicians Seek to Expand Bailouts and Subsidize Earthquake Insurance
A mild earthquake hit the Washington, D.C. area this morning at around 5 a.m. It broke a jar of grapefruit marmalade that fell…
Newsletter
Financial Regulation, the Gulf Oil Spill, and Privacy on Facebook
Congress passes the Dodd-Frank financial regulation bill. The New York Times chronicles the economic fallout from the BP oil spill. Pundits argue that Facebook is…
Blog
No, NHTSA didn’t blame all Toyota’s troubles on driver error
I can’t count how many people sent me items about how NHTSA says the whole Toyota Tempest has now been determined by the government to…
Blog
CEI Weekly: The Lady Gaga Economy
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Wayne Crews' op-ed in The Daily Caller entitled "The Lady…
Citation
Financial Reform Bill: Bureaucratic Absolutism
Op-Eds
More Muscle for Big Merchants
It’s usually not that easy for big retail chains to win battles on Capitol Hill — particularly if they are trying to secure a benefit…
Blog
Dodd-Frank is not “financial reform,” it’s more Big Government lunacy
The 2,315 page Dodd-Frank financial regulation bill should not be called “financial reform.” Instead, it should be called what for what it is: pages and…
Op-Eds
Obama’s New Financial Regulation Bill Strangles America’s Economy with Red Tape
The 2,315 page Dodd-Frank financial regulation bill that passed the Senate 60-39 on Thursday and will be signed by President Obama next week should not…
Op-Eds
Who Won Big in the Financial Bill – More Muscle for Big Merchants
It’s usually not that easy for big retail chains to win battles on Capitol Hill — particularly if they are trying to secure a benefit…
Op-Eds
Dodd-Frank is not “Financial Reform,” it’s More Big Government Lunacy
The 2,315 page Dodd-Frank financial regulation bill should not be called “financial reform.” Instead, it should be called what for what it is: pages and pages of…
Letters
Senate Should Reject Dodd-Frank
Full Document Available in PDF The so-called financial “reform” legislation, agreed to by House and Senate Democrats in Conference, and…
Blog
Abolish Law School, Keep the Bar Exam
Elizabeth Wurtzel argues that the bar exam should be abolished because many illustrious lawyer-politicians flunked it on their first try. I disagree. Passing the…
Blog
EPA, Not Jones Act, Blocked Dutch Skimmers
It was apparently the EPA, not the Jones Act, that blocked Dutch skimmers from cleaning up the oil spill in Louisiana in late April:…
Letters
Double Taxation Working Group
Full Document Available in PDF We are writing to express our appreciation for your efforts to protect Americans from tax increases that…
Newsletter
Financial Regulation, Immigration and Climate Legislation
The Senate prepares to vote on a financial regulation bill. A Heritage Foundation report finds that deportation of undocumented immigrants has fallen during the Obama…
News Release
Privatize American Cities? Learning Lessons from Disney’s Experiment with “Private” Government
Washington, D.C., July 14, 2010 – Would governments do a better job of governing if some were privatized? A new case study by the Competitive…
Blog
Bank Failures Rise; Banks Shuttered at a Faster Rate in 2010 Than in 2008 and 2009; Financial “Reform” Adds to Banks’ Woes
“This past Friday, the Federal Deposit Insurance Corporation (FDIC) shuttered another four US banks,” notes Neil Hrab in the Washington Examiner. “That makes 90…
Blog
Cell Phones Don’t Cause Cancer
Over at the Daily Caller, I debunk the fear that long-term cell phone use can cause brain tumors.
Blog
Readers Contest Factcheck.Org’s “Oil Spill, Foreign Help, and the Jones Act”
FactCheck.org argued that the Jones Act, which ordinarily bans both foreign ships and foreign crews from working in U.S. waters, did not interfere with foreign…
Citation
With Debt, Deficit Come More Red Tape
Newsletter
A Beer Stimulus, Comcast Merger Questions and Urban Beekeeping
A proposed “Beer Stimulus Bill” would reduce the federal excise tax that small brewers must pay. Yesterday lawmakers conducted a field hearing questioning “Who Benefits?”…
Blog
New “stimulus plan” brewing in Congress
It is actually less of a “stimulus” plan and more of a “get government out of the way and stop inhibiting growth” plan. A bi-partisan…
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In Defense of Urban Beekeeping
Beekeeping is an ancient human practice, with some anthropological evidence suggesting that primitive forms of honey bee domestication go back more than 4,000 years. Apiarists…
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“Cell Phone Fear in San Francisco,” my article in Forbes.com
The king is dead. More accurately, Larry King is hanging up his suspenders after 25 years on TV interviewing essentially everybody who was anybody. His…
Blog
Automakers’ new problems – vampires and bears
Toyota complaints keep pouring in to the National Highway Safety Administration, and some are pretty darned bizarre. But most are less so than a Colorado…
Newsletter
EPA’s Gangster Style, LibertyWeek Turns 100 and Comparing BP to Enron
The Environmental Protection Agency and the National Highway Traffic Safety Administration gain the auto industry’s support for new fuel economy standards. The LibertyWeek podcast records…
Newsletter
Federal Spending, Free Trade and the Regulation Round-up
The House of Representatives passes a non-binding resolution to limit government spending. The Obama White House belatedly discovers the virtues of free trade. For those…
Blog
Friday Regulation Roundup
If you have ever been in a duel, you are ineligible to vote in Mississippi, plus more.
Blog
The Rahn Curve
A little government can do a lot of good. A lot of government can do little good.
Blog
140 New Regulations in Florida
New labeling rules for horse meat intended for human consumption, plus more.
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Liberal Senators Make False Claims About Supreme Court’s Ruling in Ledbetter v. Goodyear, During Kagan Confirmation Hearings
Liberal Senators like Ben Cardin (D-Md.) and Dianne Feinstein (D-Calif.) are peddling fables about a Supreme Court ruling, Ledbetter v. Goodyear Tire & Rubber Co.
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USA prevents effective oil spill cleanup
As readers may recall, a brouhaha erupted three summers ago concerning BP’s planned expansion of its Whiting Refinery near Chicago, Illinois. BP had…
Blog
For Whom the Dell Tolls
Less than fifteen years ago, Dell computers were the hot desktop brand. In a rapidly growing market, Dell developed a unique business model which…
Blog
Supreme Court Dooms Chicago Gun Ban; Obama Judicial Nominees Oppose Gun Rights; Religious Clubs Lose First Amendment Case; Removal of High-Ranking Bureaucrats Made Easier
The Supreme Court doomed Chicago’s handgun ban Monday by ruling 5-to-4 that the Second Amendment applies to state and local governments…
Newsletter
Online Gambling, Leadership in Business vs. Politics and Corporate Accounting
The State of California is working to (partially) “legalize” online gambling. Former congressman Mickey Edwards writes on the qualities of…
Citation
Court Ruling ‘Another Reason to Vote no on Dodd-Frank’
Citation
Oversight law survives Supreme Court Battle
Citation
Supreme Court’s SOX Decision May be Non-Event for IT
Op-Eds
Is Scott Brown a Game-Changer on the Financial Bill?
A Yogi-ism for Congress: “It ain’t over until both houses of Congress vote for an identical bill and send it to the president’s desk…
Citation
Supreme Court Sarbanes-Oxley Decision
Citation
Supreme Court SOX Ruling Has IT Implications
News Release
Supreme Court Strikes Down Key Sarbanes-Oxley Provisions
Nearly five years ago, CEI and accountant Brad Beckstead began to discuss mounting a constitutional challenge to Sarbanes-Oxley’s Public Company Accounting Oversight Board (PCAOB). The…
Blog
Liquor store privatization on tap in WA
In Washington state’s November election ballot will have a very interesting twist: dueling initiatives to privatize the state-run liquor stores: Washington Privatize State Liquor Stores…
Blog
CEI Weekly: Kozinski Brings Down the House at CEI’s Annual Dinner
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the press coverage surrounding CEI's 26th annual dinner, including Judge…
Blog
Regulation of the Day 143: Your Bedtime
In Japan, your bedtime is official government business.
Newsletter
Climate Skeptics, The Case Against Cap and Trade and Oil Spill Red Tape
The National Academy of Sciences recently published a report attacking the credentials of climate change skeptics. The Gulf oil spill has…
Citation
USA Today Cheers Proposed Financial Protection Agency
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New Federal Interference With Oil-Spill Clean-Up: Feds Stop Louisiana From Dredging Needed to Create Protective Sand Berms
A TV station in New Orleans reports that “the federal government is shutting down the dredging that was being done to create protective sand…
Blog
Stimulus Package to Cost $75 Billion More Than Predicted; Plus, Government-Employee Bailout Sought
The stimulus package is going to cost at least $75 billion more than the $787 billion the Obama administration claimed, according to the Congressional…
Newsletter
Elena Kagan, Five Years of Kelo and Offshore Oil Drilling
More details about Supreme Court nominee Elena Kagan come to light. Today is the 5-year anniversary of the landmark property rights decision in the case…
Op-Eds
The Walgreen Amendment
In passing the financial regulation bill, U.S. Senators made a point of how they were going after the “fat cats” on Wall Street.
Blog
Judge Blocks Gulf Drilling Ban, Citing Deception by Obama Administration; Obama Continues to Delay Gulf Clean-Up
A federal judge has just blocked the Obama administration from imposing a blanket ban on drilling in the Gulf of Mexico.
Blog
Supreme Court Upholds Controversial Antiterror Law; More Clues About Elena Kagan
Supreme Court nominee Elena Kagan was instrumental in getting President Clinton to veto a ban on partial-birth abortion. She also lumped…
Blog
Obama Administration Blocks Clean-Up of Oil Spill by Louisiana and Foreign Allies By Imposing Red Tape
The Obama Administration recently used red tape to force Louisiana to stop using 16 barges that were cleaning up the Gulf…
Newsletter
Online Gambling, Orcs on Wall Street and the Chimera of Green Jobs
Congress continues to discuss a plan that would legalize online gambling in all fifty states. The government is on the prowl…
Blog
Friday Regulation Roundup
Arizona spends $1,250,000 to save 250 squirrels, plus more.
Newsletter
Financial Reform, Hurricane Season and Bank Fees
Congress continues negotiations on a major financial reform bill. Florida Governor Charlie Christ vetoes a bill that would have allowed Florida insurance companies to build…
Blog
Congress Destroys Free Checking Accounts by Blocking Overdraft Fees for the Irresponsible
Banks can afford to offer free checking accounts with no minimum balance, to responsible people, only because they can charge overdraft fees to irresponsible people. …
Blog
Mordor Looks For More Wealth For Its Orcs
John Gapper has a very good column in the Financial Times today. He issues a timely warning that governments are on the prowl, looking…
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