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 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…

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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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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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Intern Sweatshops?
Jeffrey Miron comments on state officials’ claim that increasing the use of unpaid (or barely paid) interns might run afoul of minimum wage laws.
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Virginia Shows the Way in Taking on the Pensions Crisis
As the federal government continues to expand at an ever-growing pace, the Old Dominion is doing things differently. As The Richmond Times-Dispatch explains,…
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Cesar Chavez Day – Interesting Timing
March 31 was Cesar Chavez Day. Cesar Chavez Day has been celebrated in California for some time. But this year, for the first time, it…
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The Numbers on Public Sector Unions and State Debt
In today’s Washington Examiner, David Freddoso outlines the close correlation between state government debt and public sector unions. As he notes, “the states with…
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D.C. area poll shows, once again, OTHER Americans are crummy drivers
Why are people killed in Toyotas? Because a huge number of Americans are killed by motor vehicles of all types and Toyota has been the…
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Friday Regulation Roundup
Some of the stranger governmental goings-on I dug up over the week.
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