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
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Free the Economy podcast: Highway robbery with David Ditch
In this week’s episode we cover how to make the moral case for capitalism, affordable housing via regulatory reform, and tracking…
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Deregulation by the numbers: One-third into 2026 — a rulebook rewrite?
At the close of the first third of the year, a spring 2026 Unified Agenda formally outlining agency priorities has yet to appear. In fact,…
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The week in regulations: Marine terminal fires and marijuana rescheduling
The Federal Reserve held interest rates steady, and outgoing Chairman Jerome Powell will remain on the Fed’s Board of Governors when Kevin Warsh takes over.
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Stop the Regulation!
From Mike Whalen’s op-ed on The Huffington Post: Unfortunately, when it comes to our current government and regulation, the reality is that where…
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Alcohol Regulation Roundup: February 27, 2012
National: A Sioux tribe in South Dakota has filed a landmark suit against national beer makers for knowingly contributing the tribe's alcohol…
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CEI’s Battered Business Bureau: The Week in Regulation
It may have been a short work week, but it was still a busy one in the world of regulation. Here are the highlights:…
Daily Caller
Dem. Governor Claims Fewer Regulations Under Obama Than Under Bush
From Neil Monro's article in The Daily Caller: In his 2012…
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Airline Carbon Taxes: The EU vs. the World
On Tuesday and Wednesday, representatives from 23 nations gathered in Moscow to discuss their response to the European Union’s mandatory airline carbon taxes. CEI’s Fran…
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Regulation of the Day 212: Locating Your Newsstand
New York City requires newsstands to be located at least 9 feet, 6 inches away from buildings. Marilyn Louie's newsstand has sat in the same…
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