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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The week in regulations: Farmer training and approving fireworks
Tuesday’s Federal Register contained 105 proposed regulations and 86 final regulations. Much of it was regulatory cleanup for railroads, pipelines, and mining. The reconciliation bill…

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The year the red tape died? Trump’s 2025 rule count hits historic lows
At the halfway point of 2025, the federal regulatory machinery is running at an unprecedented crawl. That’s good news. As tracked annually in my…

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Trump executive order establishing a portal for regulatory dark matter
Even at the insistence of Congress in 2018, 46 federal agencies could only uncover only about 13,000 of their guidance documents and policy statements…
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What happened to never-needed regulations
CEI led a never-needed campaign during the COVID-19 pandemic. The idea was simple: if a regulation was causing harm in good times, it was probably…
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This week in ridiculous regulations: Helicopter hoists and migrant children
President Trump announced new auto tariffs that will take effect next week, raising the price of average-priced new cars from $3,000 to $10,000. Agencies issued…
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Trump’s deregulation push: Several steps forward—and some sideways
As I cover in a new column at Forbes, Trump 2.0 has brought a flurry of executive orders aimed at deregulation—one-in, ten-out rules,…
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This week in ridiculous regulations: Helicopter hoists and migrant children
President Trump announced new auto tariffs that will take effect next week, raising the price of average-priced new cars from $3,000 to $10,000. Agencies issued…
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Free the Economy podcast: Working for a better tomorrow with Vinnie Vernuccio
In this week’s episode we cover America’s founding principles, the Cato Institute’s recommendations for reforming financial regulation, why Republicans shouldn’t be busting…
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This week in ridiculous regulations: Volatile gas and the Gulf of Mexico
The Federal Reserve held interest rates steady, and President Trump put on some pressure to lower them. Trump also fired Democratic FTC commissioners on unclear…
Staff & Scholars

Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation

Ryan Young
Senior Economist
- 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