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
Mid-year 2026: Is Washington actually deregulating?
It’s June 30, mid-year 2026 — almost America’s birthday. In terms of conventional issuance of rules and regulations in the Federal Register, the Trump…
Blog
A $25 minimum wage cannot legislate away the high cost of living
Affordability is the political buzzword for 2026. Last week, Sen. Chris Murphy (D-CT) announced plans to introduce the Living Wage for All Act,…
Blog
The week in regulations: Blacksmith shops and airman certificates
Former Federal Reserve Chairman Alan Greenspan passed away. Neither the Reflecting Pool debacle nor its algae have faded away. PCE inflation is over 4…
Search Posts
Blog
Fred Weekly: Rent-Seeking Vs. Advancing Capitalism
In this latest episode of “Fred Weekly,” CEI President and Founder Fred L. Smith, Jr., discusses advancing free markets in an increasingly politicized world. Watch…
Free Beacon
U.S. Faces Regulatory Cliff: Looming rules could drive up costs, report says
William Yeatman, an environmental regulation expert at the Competitive Enterprise Institute, said Inhofe’s steep price tag is no exaggeration. “This has been a…
Blog
Italy’s Greatest Economic Threat: Italian Politicians
Italian ex-Prime Minister Silvio Berlusconi told news sources last week that his party -- Popolo della Libertà -- would soon decide whether or not to…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
77 new regulations, from animal drugs to phone bills.
Blog
Regulatory Delays May Be Responsible For Slightly Better GDP Growth
This morning, data released by the Bureau of Economic Analysis showed third-quarter growth of gross domestic product (GDP) at 2 percent. This beat expectations slightly as, according to…
Blog
Pepco Caves On Contract Dispute To Avoid Union Strike
Talk about having your negotiating adversary over the barrel. Pepco and the International Brotherhood of Electric Workers’ Maryland-based Local 1900 had been in contract gridlock…
Blog
Regulation In Theory Vs. Practice
Externalities, asymmetric information, and monopolies are useful concepts for understanding how regulators should behave. But the important thing is how they do behave.
Blog
Police (Union) Brutality: Montgomery County Police “Effects” Bargaining Bludgeons Public Safety
This November, voters in Montgomery County, Maryland, will decide whether the police chief or union boss should determine public safety policy. The voter initiative, which will appear…
Blog
PolitiFact Smears Supreme Court, Provides False Political Talking Point For Democratic Party
Earlier, the left-leaning "fact-checker" PolitiFact made the false claim the Supreme Court had declared employees are barred from suing over pay discrimination even…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
71 new regulations, from gas mileage to certifying seafarers.
Reason
Yes, Romney and Obama, Government Regulation Encourages Outsourcing
Last month, CEI's Wayne Crews told the House Judiciary Committee: “For the broader ‘significant’ category of rules (economically significant rules plus rules considered officially significant…
US News
Red Tape Is Strangling the Recovery
Last year alone, federal agencies issued 3,807 final rules according to data compiled by Wayne Crews of the Competitive Enterprise Institute.
Blog
Of Mice, Mushrooms, And Formaldehyde
According to New York Times journalist Nicholas Kristof, the chemical industry is engaged in a grand conspiracy to hide the fact your kitchen cabinets…
Blog
Dodd-Frank’s Democratic Dissenters — From Brian Schweitzer To Debbie Wasserman Schultz
"For some reason, some Republicans in Congress are still waging an all-out battle to delay, defund and dismantle these commonsense new rules." That was, in…
US News
Is U.S. Economic Growth Over?
[E]stimates of how economically burdensome the regulatory state is range from the Obama administration lowball estimate of a mere $67 billion [PDF] annually to the…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
38 new regulations, from amateur rocket operations to the definition of “night.”…
Blog
The Missing Transparency: Where’s The Unified Agenda?
When it comes to government transparency, it is essential to throw at least some sunlight on the problem. Over at the Daily Caller, Wayne Crews…
Blog
Jobless Youth: Southern Europe’s Ticking Time Bomb
Forget austerity and bailouts. Southern Europe has an even bigger problem: a glut of unemployed young people. If this trend continues, workforces will regress in…
Blog
At Brookings, Susan Crawford Fostering Internet Competition
Yesterday, the Brookings Institute held a panel that purported to discuss “Fostering Internet Competition”. But who is to do the fostering? Federal regulators, of course.
Daily Caller
Missing: Regulatory transparency
Every spring and fall, as certain as the turning of the seasons, the General Services Administration’s Regulatory Information Service Center (RISC) issues a new edition…
Blog
Liberal Lawmakers To Rethink California “Green Chemistry”
California's Green Chemistry regulations have proven so unruly even the state's liberal lawmakers have begun to question the cost. The state legislature passed the…
Blog
RIP Prince Roy of Sealand, Seasteading Pioneer
For as long as there have been states, there have been people seeking to escape state authority. Throughout most of history, such escape has meant…
Blog
Where Is Obama’s Unified Agenda Of Federal Regulations?
Two primary federal documents by which we judge the regulatory record of the administration are missing in action this year. We at least can say,…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
88 new regulations, from background checks for volunteers to silky sharks .
News Release
Jobs Report Doesn’t Tell Full Story
WASHINGTON, D.C., October 5, 2012 – Unemployment fell below 8 percent for the first time in four years last month, according to the September…
Blog
Regulations For Thee, But Not For Me
To liberals, regulations are great -- until they ensnare a liberal politician. Then, suddenly there needs to be an exception to the regulation. An example of…
Blog
Suffocating Athena: Public Sector Unions Kill Greek Salvation — Again
On October 1, the Greek government unveiled an austerity package that aims to reduce public spending by $15 billion (11.5 billion euros) for 2013-2014,…
Blog
Medical Junk Science: Canned Veggies May Make Kids Fat
Can feeding your child canned soup and vegetables make her fat? According to study published in the Journal of the American Medical Association (JAMA),…
Blog
Alcohol Regulation Roundup: Columbus Day Edition
Alcohol has a long and complex history in the USA. In fact, it’s probable that the Scandinavian Vikings that tried to conquer North America…
Blog
Celebrate National Cybersecurity Month!
The summer may be over, but don’t put the barbecue away yet -- the president just declared this October “National Cybersecurity Month.” It’s the…
Blog
Obama Imposes Billions In Costs On Taxpayers In Order To Prevent Legally Required Disclosures
Yesterday, ABC News reported that "Defense contractor Lockheed Martin heeded a request from the White House . . . one with political overtones – and announced…
Fox Business
Winning the Presidential Debate with Regulation
Presidential debates are where the candidates try to show the average likely voter they know what he or she wants better than the other guy.
Blog
Regulating Outside The Rules
The federal regulatory process is a complicated thing. As with any complex body of law, there are loopholes that agencies can exploit.
Blog
Lose The Helmet Already
So now we’re down to safe v. healthy. The “safe” approach to riding a bike is to wear a helmet, according to the Nanny Statists…
Washington Times
Regulations and Rules Equal Broken Government
When President Obama and Mitt Romney are jousting about taxes during their Wednesday night debate, one or both candidates might correctly point out that the…
Washington Times
Regulations and rules equal broken government
From Wayne Crews and Ryan Young's op-ed in The Washington Times: The first is “sue and settle.” Agencies like the EPA work closely…
Blog
Omens Of Another Recession? Durable Goods Orders Drop Sharply
In a bad omen for the economy, "durable-goods orders" sank "13.2% in August," far more than economists "had expected." “Bookings also fell for machinery,…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
71 new regulations, from prune insurance to Colombian tariffs.
Blog
Fifty Years Later: Rachel Carson Is Still Wrong
Back in 1996, the Competitive Enterprise Institute’s Jonathan Tolman authored an article entitled "Rachel Was Wrong,” in which he explained why biologist Rachel…
Blog
Free Checking Nearly Extinct Thanks To Dodd-Frank; Will Credit Card Rewards Follow?
One year ago on October 1, Dodd-Frank's Durbin Amendment price controls went into effect, causing consumers to lose free checking and be soaked with other…
Blog
Unions Outgunning Opposition In Michigan
Organized labor is driving hard to enshrine collective bargaining right in Michigan State constitution. If Proposal 2 passes this November, they will have done…
Blog
Massive Payoff To City For Dropping Challenge To Tool Used To Impose Racial Quotas In Lending
The Obama administration declined to pursue a fraud claim worth up to $180 million against a city to get it to drop its pending…
Blog
Study Finds Diisononyl Phthalate Safe For Toys
While news sources, greens, and U.S. lawmakers hype the risks about children’s exposure to the chemicals found in a host of plastic…
Blog
In Rejecting EPIC’s Petition On TSA’s Strip-Search Machines, Court Effectively Orders Rulemaking Timetable
This afternoon, the D.C. Circuit Court of Appeals rejected the Electronic Privacy Information Center’s (EPIC) petition for writ of mandamus, which called on the court…
Blog
Driverless Cars Legalized In California
Just after 1pm PDT, California Governor Jerry Brown signed into law SB 1298, which explicitly legalizes the use and testing of driverless cars in the…
Blog
Work ‘til You Drop: Is This The Next European “Welfare?”
As Europe’s population ages, its widespread entitlement commitments will generate huge burdens on governments’ budgets. The economic consequences are easy to foresee: just think of…
Blog
CEI’s Battered Business Bureau: The Week In Regulation
82 new regulations, from Indian casinos to bailouts for fruit tree owners.
Blog
State Capitalism Or Corporatism? Italy’s Carmaker Conundrum
Italy’s iconic car manufacturer, Fiat, announced Saturday its plans to keep its production base in Italy after months of threatening to leave for more…
Blog
Junk Science Is Worse For Your Health Than Egg Yolks
We all know that eggs contain a lot of fat and cholesterol. While that does not make them “bad,” most of us realize that if…
Blog
Regulation Roundup
Seatbelts for dogs, surveillance cameras for surveillance cameras, plus more.
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