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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EPA to Re-Brand Mortality Risk Reduction
A recent paper published by the EPA provides up to date governmental thoughts on attempts to put a value on a statistical life (VSL)…
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Morning Media Summary
Tech: FCC signs off on Comcast’s bid to control NBC Universal: “Federal regulators signed off on Comcast Corp.’s bid to control NBC Universal,…
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6 Painless Ways to Cut Federal Red Tape
In this age of trillion-dollar budgets, deficits and stimulus packages, taxes and spending get all the press. But while the $3.5 trillion federal budget…
Wall Street Journal
Move Reflect Shift In Presidents Tone
The Wall Street Journal discusses regulations and executive orders with Wayne Crews. He didn't disavow the Dodd-Frank Act nor his new health-care law,…
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Reform Wetlands Policies
Liberate to Stimulate Index…
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Let Market Forces Regulate Internet Gambling
In June 2010, the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA) was implemented after years of delays. The law regulates banking and credit processes related…
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