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
The week in regulations: Pipeline safety and NFL Draft security
Federal Reserve Chair nominee Kevin Warsh had his confirmation hearing, and President Trump dropped his criminal investigation into Jerome Powell. The government is poised to…
Blog
Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
Blog
The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Blog
CEI Podcast For December 19, 2012: The EPA Regulatory Report Card
Fellow in Regulatory Studies Ryan Young talks about the need for more transparency in the world of regulation, as well as CEI's new EPA Regulatory…
Blog
Stuck in Time: Italy’s Politics
Things have a way of repeating themselves. This is especially true in Italy, where politics have been stuck in a time loop for the…
Blog
Path To Transparency: The EPA Regulatory Report Card
Transparency is in short supply in the world of regulation. How many rules does an agency have in the pipeline? How much will they cost?…
Study
Regulatory Report Card: Environmental Protection Agency
The quality of regulation depends heavily on its transparency. Taking to heart Justice Louis Brandeis’ stated belief that sunshine is the best disinfectant, the purpose…
Blog
The Regulatory Reduction Commission
In today's Washington Times, Wayne Crews and I write about a reform that has nearly two decades of bipartisan support, has a proven track record…
News Release
EPA Lacks Transparency, Is Far Costlier Than Other Agencies
WASHINGTON, D.C., Dec. 19, 2012 – Environmental Protection Agency (EPA) regulations now cost Americans an estimated $353 billion per year—almost twice the regulatory costs of…
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