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…

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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…

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
Federal Register Reaches 10,000 Pages
It only took 4 working days to top 1,000 pages. Now, after 42 working days, the grand total is 10,158. That’s an average of 242…
Blog
Regulation of the Day 122: Home-Schooling in Germany
It is illegal to home-school your children in Germany. One family faced "[F]ines eventually totaling over $11,000, threats that they would lose custody of their…
Blog
Regulation of the Day 121: Cussing
It’s officially “Cuss Free Week” in California. Last Thursday, the state legislature passed a resolution to make the first week of March swearing-free.
CEI Planet
CEI Planet: January – February 2010
To view this issue of the CEI Planet, please click here to download the PDF file. Below are selected articles from the January-February 2010 issue: …
Blog
Regulation of the Day 120: Fish Tanks in Barbershops
In Tenneessee, it is illegal for barbershops to have fish tanks. That could change as soon as today, though.
Op-Eds
Proxy Access: The Obama-Dodd-Alinsky Shareholder Jujitsu
What would Saul Alinksy do? In the wake of defeats for the Obama administration last month both with Scott Brown’s stunning Senate…
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