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
The CAT’s nine lives could be up
The 11th Circuit Court of Appeals recently vacated a funding proposal for the Securities and Exchange Commission’s (SEC) largest regulatory program to date. Known…

Blog
The week in regulations: Nuclear coolant and medical food
President Trump’s Liberation Day tariffs are set to take effect on August 7 for countries he did not strike deals with. He is also ending…

Blog
How ‘Unrules’ are powering down the bureaucracy
The year 2025 may be remembered as the year regulation hit pause. As of the end of July, 1,518 finalized federal rules have been published…
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Blog
“Basic needs” need to be regulated, say Dems
Reason’s Ron Bailey, in an “I told you so” article today, points out that Senate Democrats are poised to support a bill that would…
Blog
Earth Day Agriculture and Sustainable Intensification
What’s the most sustainable way to grow the food we eat? The answer environmentalists give is always "local and organic." But, increasingly, the answer from…
Blog
Even Cranky Liberals Are Coming to Understand the Air Travel Sector!
Brett Snyder, editor of the web site, crankyflier.com, wrote a revealing column this weekend, “Don’t let bag fees make you nostalgic. Airlines’…
Op-Eds
Examiner Right to Oppose Unending Bank Bailouts (Letter to the Editor)
The Examiner was right to oppose the Trojan horse financial “reform” bill that would enrich Goldman Sachs, the Wall Street firm that makes big…
Op-Eds
Wall Street Bill Targets Nevada Incorporations
Over the past year, Senate Majority Leader Harry Reid has made pointed efforts to show Nevadans his advocacy on their behalf. In defending new…
Blog
The Private Provision of Surface Transportation Infrastructure in the United States
Private sector involvement in surface transportation infrastructure is not new. Public and private turnpikes—roads that require the payment of a toll for passage—have existed for…
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