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: Social mobility in the 50 states with Justin Callais
In this week’s episode we talk about satellite shot clocks at the Federal Communications Commission, Federal Reserve nominee Kevin Warsh’s digital-dollar beliefs,…
Blog
Halfway through the 119th Congress, CEI’s Agenda is turning into action
As the 119th Congress reaches its halfway mark, it is a good time to look back on what lawmakers have done in the past year.
Blog
The week in regulations: Reimagining education and underground mines
Kevin Warsh is President Trump’s nominee for the next Federal Reserve chairman. The Fed held interest rates steady at its most recent FOMC…
Search Posts
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…
Blog
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…
Blog
“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.
Blog
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.
Blog
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
Blog
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…
Letters
No Place for Corporate Welfare in Financial Regulation
Full Document Available in PDF As leaders of groups representing millions of Americans that comprise a Center-Right Coalition, we oppose price controls in…
Blog
Obama Uses Oil Spill to Push Failed Energy Policies
In his speech last night, President Obama used the massive oil spill in the Gulf of Mexico to push his failed energy policies, such…
Blog
Cell Phone Cancer Scare Refuses to Die
Some people are scared that cell phones cause brain tumors. There are enough of these bedwetters that San Francisco just passed a new law requiring…
Blog
Financial “Reform” Bill Engages in Racial Engineering, While Ignoring Corrupt Mortgage Giants
Congress and the Obama administration refused to do anything about the corrupt government-sponsored mortgage giants, Fannie Mae and Freddie Mac, even though administration…
Blog
Regulation of the Day 142: Ladies’ Night
Ladies’ night bar specials are illegal in Minnesota. They are unfair gender discrimination, according to the Minnesota Department of Human Rights.
Blog
EPA Overreach
I have an article in the Washington Times today about the EPA’s new status as a rogue agency. It begins: The Senate undermined its…
Comment
Upcoming Supreme Court Decisions in Sarbanes-Oxley Case
Full Document Available in PDF The Supreme Court is expected to hand down its decision soon in a major case involving…
Blog
Obama Blocked Clean Up of BP Oil Spill by Friendly Countries; International Assistance Blocked by Regulations Obama Had The Authority To Waive
Crucial offers to help clean up BP’s oil spill “have come from Belgian, Dutch, and Norwegian firms that . . . possess some of the…
Blog
Obama Wants Taxpayers to Cough Up $50 Billion To Bail Out Public-Employee Unions
President Obama now wants Congress to spend $50 billion to keep state governments from laying off government employees. In essence, this is a bailout…
Blog
Regulation of the Day 141: Mandatory Fire Sprinklers
Politicians love it when housing prices go up. That's why Cumberland, Maryland is mulling requiring all new homes to install fire sprinkler systems. Cost: $3,000-$9,000…
Blog
CEI Weekly: Senate Defends EPA Power Grab
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features the vote in the Senate on the Murkowski resolution that…
Blog
AIG Bailout Had “Poisonous” Effect, Bailout Oversight Panel Says
“American International Group Inc.’s bailout had a ‘poisonous’ effect on the U.S. financial system because it demonstrated the government would protect Wall Street firms from…
Blog
Regulation of the Day 140: Plastic
“Plastics are the future,” a pushy relative told a young Dustin Hoffman in The Graduate. Was he giving career advice -- or a warning?…
Blog
BP Supported Obama Stimulus Package, Global Warming Bill, and Corporate Welfare; BP Bankrolled Obama Campaign
Columnist Tim Carney notes that BP, responsible for the massive oil spill, is “a close friend of big government whenever it serves the company’s…
Blog
Global-Warming Bill Contains Ethanol Subsidies, Which Cause Famine, Hunger, Food Riots, and Political Unrest
People across the world “are being battered by surging food prices that are dragging more people into poverty, fueling political tensions and forcing some to…
Newsletter
BP, the Supreme Court on Corporate Accounting and Eliot Spitzer on CNN
Many are pointing to the BP oil spill as proof of the failure of free market capitalism. The Supreme Court is expected to soon hand…
Citation
Accounting Regulatory Failures
Blog
Obama Uses BP Oil Spill to Push Corporate-Welfare-Filled Global Warming Bill That BP Once Lobbied For
Talk about chutzpah. President Obama, the biggest recipient of campaign cash from BP, is using BP’s oil spill to push for a global…
Blog
CEI Weekly: How Deregulation Can Curb Terrorism
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features Iain Murray's article in the American Spectator arguing for reform…
Blog
Media Give Disgraced Politician Eliot Spitzer a Soapbox to Lecture the Public
Eliot Spitzer, who was forced out as Governor of New York after paying prostitutes tens of thousands of dollars and then violating federal finance laws…
Blog
Friday Regulation Roundup
$300,000 of stimulus money to pay for floating toilets, plus more.
Blog
Today’s the Day
Today is National Donut Day. Ordinarily, this would be just another cute calendar event. But nowadays we’re bombarded by government proposals…
Blog
Regulation of the Day 139: Mailing Fake Grenades
In which a new regulation actually makes some sense.
Op-Eds
Australian Resource Tax Will Dampen Innovation (Letter to the Editor)
Sir, Your editorial, “Taxmen vs miners: Australia’s resource super profit tax is a good idea” (May 31), argues that “natural resource profits are…
News Release
Supreme Court to Rule on Major Sarbanes-Oxley Case
Washington, D.C., June 3, 2010—The U.S. Supreme Court will soon hand down a major ruling which could put much-needed constitutional limits on an agency…
Blog
Obama Administration Pushes More Bailouts at Taxpayer Expense; America to Bail Out Corrupt Union Pension Funds
The Obama administration and its congressional allies are now pushing for billions more in bailouts for mismanaged union pension funds, and teachers unions. The union…
Blog
Regulation of the Day 138: Dwile Flonking
H.L. Mencken defined Puritanism as “The haunting fear that someone, somewhere, may be happy.” He may as well have been talking about regulators.
Blog
BP: A “Serial Environmental Criminal” With Close Ties To The Obama Administration
BP, which is responsible for the terrible oil spill in the Gulf of Mexico, has a safety record infinitely worse than other oil companies, which…
Op-Eds
Fee Free Way to Protect Consumers
The U.S. Senate, in the name of protecting American consumers, passed last month a massive financial regulation bill that creates the Bureau of Consumer…
Blog
Divorce Courts Mistreat America’s Soldiers and Small Businesses
Memorial Day is an opportunity to thank our troops, and open our eyes to the disgraceful way they are treated by divorce courts. The bias…
Blog
CEI Weekly: CEI Sues NASA to Uncover Key Global Warming Docs
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's federal lawsuit against NASA to force them to comply…
Blog
Massive Fare Hike in Washington, D.C. Subway System; Public Sacrifices, Overpaid Union Doesn’t
The mismanaged Washington, D.C. Metro system is pushing through huge fare hikes, not only increasing subway and bus fares, but adding a new 20…
Blog
Myths About Green Energy: The Truth Is, It’s Corporate Welfare That Destroys American Jobs
In The Washington Post, Robert Bryce debunks five myths about green energy: it won’t create jobs, won’t help the environment, and won’t make America…
Blog
Federal Register hits 30,000 Pages
This year’s Federal Register is on pace for 73,459 pages. Like most of President Obama’s policies, this represents less than a one percent change from…
Blog
Sudden Acceleration in Media Falsehoods Regarding Toyota
“Now that the dust has begun to settle on Toyota’s recall fiasco, it’s being made clear that the toll on human life was greater than…
Blog
Congress Expected to Vote Soon on Repealing “Don’t Ask, Don’t Tell” Policy Restricting Gay Soldiers
“Separate votes” are expected “in the House and Senate later this week on legislation repealing the ‘Don’t ask, don’t tell’ restriction on gays serving…
Newsletter
Union Bus Drivers, Fannie Mae Reform and Transportation Partnerships
In New York, bus drivers can take months of paid leave to recuperate from being spit on by passengers. The Obama…
Blog
More Bailouts for Corrupt Mortgage Giants: “More Aid Expected for Fannie, Freddie”
The bailouts are getting even bigger, for the most undeserving recipients. “More Aid Expected for Fannie, Freddie,” reports The Washington Post. The Obama administration…
Blog
California: Leading the Way in Failure
As one might expect of California, successful transportation public-private partnerships (P3s) face many government hurdles. In the early 1990s, the California Department of Transportation…
Citation
Obama’s Secular Socialist Legacy
Blog
Liquor Licensing Overhaul Brewing in NJ
Democratic Senator James Beach introduced a set of bills earlier this month that, if passed by the New Jersey state senate, will make it…
Blog
Corrupt Mortgage Giants Escape Reform: “Obama Administration Says Fannie, Freddie Reform ‘Too Hard'”
There won’t be any reform of Fannie Mae and Freddie Mac, the corrupt, government-sponsored mortgage giants that even Obama administration officials admit were at…
Blog
Stimulus Package Increases Trade Deficit: Replaces U.S. Jobs with Foreign “Green Jobs”
The $800 billion stimulus package is shipping American jobs overseas. More than 79 percent of “green jobs” funding under the stimulus package went to…
Citation
Vitter Amendment
Blog
CEI Statement on Senate Passage of Restoring American Financial Stability Act
The “Restoring American Financial Stability Act,” that passed Congress last night with 39 senators voting “nay,” will hurt Main Street investors and entrepreneurs, and worsen…
Blog
CEI Weekly: CEI Blasts Unconstitutional EPA Power Grab
CEI weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's efforts to fight the EPA's recent power grab to…
Blog
Senate Passes Financial “Reform” Bill, 59-39; Will Wipe Out Jobs and Increase Credit Card Costs
The Senate has just passed a 1,500 page financial “reform” bill that deliberately leaves unreformed the corrupt mortgage giants that spawned the financial crisis–while…
Op-Eds
Dodd Bank Bill: Brown Folds but Vitter’s Not-Everything’s-a-Bank Amendment Passes
Yesterday, Scott Brown caved, and the Senate passed its “financial reform.” That story is at the top of every news web site.
Newsletter
Financial Regulation, a Pay Cut for Congress and Kagan Missing in Action
The Senate rejects a move to cut off debate and further amendment on the financial regulation bill sponsored by Chris Dodd…
Opposing Views
While America Crumbles, Congress Wastes Time on Beer & Golf
The days of trillion-dollar deficits, multiple land wars in Asia, and other catastrophes may soon be coming to an end. Congress continues to work long…
Blog
Kagan Shirked Duty to Defend Federal Laws Protecting Crime Victims
Federal law authorizes life sentences without parole for particularly heinous violent crimes committed by 16 and 17-year olds. But Solicitor General Elena Kagan was…
Blog
Legal Elites Chip Away at Protections Against Violent Crime
On Monday, the Supreme Court, citing “international opinion,” outlawed life imprisonment without parole for juveniles who commit rape, torture, and other non-homicide crimes. Earlier,…
NH Insider
Congress May Roll Dice and Legalize Internet Gambling
NH Insider
Dodd’s Bank Bill: New Nationalization Powers for Fed, FDIC, and Treasury Secretary
There are many bad things contained in Chris Dodd’s "Restoring American Financial Stability Act," the financial regulatory "reform" bill that after filibustering for…
NH Insider
Dodd’s Bank Bill: New Nationalization Powers for Fed, FDIC, and Treasury Secretary
There are many bad things contained in Chris Dodd’s “Restoring American Financial Stability Act,” the financial regulatory “reform” bill…
News Release
Failed Bank Bill Filled with Unintended Consequences for Main Street
Washington, D.C., May 19, 2010 – After the Senate today defeated a major banking regulation bill, CEI issued the following statement by John Berlau,…
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