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.
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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…
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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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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Against the First Amendment: How Public-Sector Unions Neglect Free Speech
No one should be forced to join or contribute to any organization if they do not want to do so. This principle forms the bedrock…
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Alcohol Regulation Roundup: July 4th Liberty Edition
As you prepare to raise your glass in celebration (or memorial) of American freedom, give a cheer for the ever increasingly liberated alcohol laws around…
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Regulation of the Day 223: Fred Flintstone Cars
Sebastian Trager built a replica of Fred Flintstone’s car, but regulators won't let him drive it.
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Food Safety Regulations That Kill
In Reason magazine, Baylen Linnekin writes about "the sickening nature of many food-safety regulations," like the "poke and sniff" inspection method mandated by the…
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Regulation of the Day 222: Macaroni
According to federal regulations, you may not, in fact, stick a feather in your hat and call it macaroni.
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Court’s Obamacare Decision — What Would John Locke Say?
Richard Epstein of the Hoover Institution and the University of Chicago Law School gives the Chief Justice some tough love in “What Was Roberts…
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Clyde Wayne Crews
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Ryan Young
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Fred L. Smith, Jr.
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