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
Free the Economy podcast: Girlbossing the discourse with Emma Camp
In this week’s episode we cover the controversy at the Bureau of Labor Statistics, myths of the auto industry, and a…

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…
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Op-Eds
The Obama-Dodd-Frank-Everthing’s-A-Bank-Bill
Liberal pundit Michael Kinsley once defined a political gaffe as an instance of a politician accidentally telling the truth. House Financial Services Committee Chairman…
Blog
Taxpayers Take Another Hit from Obama; Administration Panders Yet Again to Big Labor
Taxpayers will pay billions more due to an executive order signed by President Obama that effectively restricts federal construction contracts to the minority of construction…
Blog
Justice Stevens Retires; Left-Wing Law Professor Nominated to Federal Appeals Court
Justice John Paul Stevens, the leader of the Supreme Court’s liberal bloc, is retiring. His most famous ruling is probably the 5-to-4 Kelo decision, which…
Newsletter
Tax Day, Open Skies and Toyota’s Legal Tactics
Tax Day inspires out an array of protests and demonstrations. The U.S. and EU signed an “Open Skies” agreement last month, which purportedly allows airlines…
Blog
Ideas for Regulatory Reform
Tax Freedom Day was April 9. But when you factor in the cost of regulation, it turns out we work nearly half the year just…
Newsletter
The Cost of Government, Carbon Taxes and Sugar Subsidies
Today is Tax Day, the day when Americans think most about how much the government is costing them. James Hansen writes in The Huffington Post,…
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