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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New York Times Documents the Case for Freedom
It’s not every day that the front page of The New York Times has two articles that highlight the importance of limited government, but today’s…
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Re-organizing the Federal Government to Crush Opposition
One of the few virtues of the federal government has been its inefficiency. With functions spread out across different agencies and duplicated powers and responsibilities,…
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Alcohol Regulation Roundup: January 13, 2012
Out with the old year and out with the old alcohol laws! 2012 is off to a great start with several states reducing the regulatory…
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Myron Ebell: Environmental issues and the 2012 election
Myron Ebell: Environmental issues and the 2012 election…
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Regulation of the Day 206: Buying Drain Cleaner
The state of Illinois now requires consumers to show valid ID to buy drain cleaner.
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EEOC Says High-School Diploma is Discriminatory Requirement, Stretches Employment Laws to Harm Small Employers
The Equal Employment Opportunity Commission recently posted a letter on its website claiming that it is illegal for employers to have a high-school diploma requirement…
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