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…
Search Posts
Blog
This blog at “Tundra Headquarters” plays my “Toyota Hysteria” piece the right way
This blog titled “Toyota Crash Victim Speaks Out Against Media Smearing Automaker” exploits my cache as a victim of a REAL Toyota defect, which…
Blog
The Wisdom of George Stigler
He was one of only a few sane souls who insisted that regulations be judged by their actual results, not their intended results.
News Release
Wayne Crews Testifies on Role of Government in Innovation and Manufacturing
Washington, D.C., March 15, 2010—Everyone agrees we still want to make a lot of stuff in the United States of America and create jobs. So…
Blog
Regulation of the Day 127: Landscaping
Angelina and Quan Ha, of Orange, CA, ditched their water-hungry grass lawn in 2008 to save money and water. The city promptly sued them.
Blog
Washington Post spreading more misinformation on Prius hoax
The media are still resisting admitting that James Sikes’s Wild Ride was just another Balloon Boy Hoax, in which they played a vital role. Thus…
Op-Eds
Dodd’s Main Street Punishment Bill
With the focus this week on health care’s “home stretch” and concerns about government limiting the ability of ordinary Americans to make choices about…
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