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
Biden’s regulatory landscape: A year-end analysis
As we ring in 2025, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration. We take our traditional year-end look at it here. The 2024 Federal Register closed…
Blog
2024 Regulation roundup
All the major regulatory numbers for 2024’s new regulations are now in the books. Here are the highlights, followed by a little analysis and a preview of…
Blog
Charting a glide path to overturn Biden regulations in the 119th Congress
As the 119th Congress and incoming Trump administration prepare to govern, one key weapon in their arsenal will be the Congressional Review Act (CRA) of…
Search Posts
Blog
This Week in Ridiculous Regulations
The shutdown continued all through Christmas week. But because the Federal Register works on a few days lag for many of its publications, it still…
Blog
VIDEO: What Qualifies as a ‘Water’ of the United States?
Our friends at the Regulatory Transparency Project have created a great new video to help explain the legal impact of the Clean Water Act and…
Blog
An Executive Order to Shine Light on Dark Matter
Over at The Hill, Wayne Crews and I make the case for an executive order that would limit executive power. It’s more plausible than it…
The Hill
How to Rein in Regulatory Dark Matter
Divisive hot-button issues are distracting public attention from policy reforms that could make everyone better off by expanding the economy. One of these is regulatory…
Blog
This Week in Ridiculous Regulations
In an eventful week that included criminal justice reform, shutdown drama, and cabinet drama, this year’s new regulations exceeded 2017’s total with more than a…
AEI
The Supreme Court May Begin to Tame the Administrative State
AEI cited Vice President for Policy Wayne Crews on administrative rulemaking. In addition, Chevron helped enable a vast expansion of administrative rule making. Since 1993,…
Blog
Best Books of 2018: Judicial Fortitude
My pick for one of the best books of this year is “Judicial Fortitude: The Last Chance to Rein in the Administrative State” (Encounter Books,…
Cayman Financial Review
Judicial Fortitude: The Last Chance To Rein In the Administrative State, by Peter Wallison
Peter Wallison is a rarity in public life. He has been both a high-level government official in the administration of President Ronald Reagan and a…
Blog
This Week in Ridiculous Regulations
A partial federal shutdown looks more likely than it did a week ago, the federal deficit will likely top $1 trillion next year, and Theresa…
The Wall Street Journal
The Supreme Court May Begin to Tame the Administrative State
The Wall Street Journal cited Vice President for Policy and Senior Fellow Wayne Crews on the Supreme Court’s decision to review deference to the administrative state.
Forbes
Here’s a Year-End Roundup of White House and Federal Agency Efforts to Streamline Guidance Documents
President Donald Trump’s executive actions aimed at slowing the pace of new regulation and eliminating existing ones (the first part was easier) continued in 2018.
News Release
Supreme Court Agrees to Reconsider Deference to Agency’s Interpretation of Regulations
Today, the Supreme Court agreed to consider overturning Auer (or Seminole Rock) deference in a case called Kisor v. Wilkie. Under Auer (or Seminole Rock)…
Forbes
Lame Duck Update: Here’s How the 115th Congress Tried to Streamline Agency Guidance Documents
Despite surprisingly deep bipartisan pedigree of significant regulatory reforms and proposals of the past, few Democrats in the 115th Congress were inclined to work with Republicans and President Trump…
Blog
This Week in Ridiculous Regulations
Former President George H.W. Bush was laid to rest, and no Federal Register was published on Wednesday. President Trump created a new superhero, Tariff Man,…
Watertown Public Opinion
Deregulation Contributing to Growing Economy
Watertown Public Opinion cited CEI on the cost of regulations. Trump promised to reduce regulations for small and big businesses. While much has…
Blog
This Week in Ridiculous Regulations
In the news, The new NAFTA was signed (but still needs legislative approval in all three countries), General Motors announced major layoffs and plant closures,…
IA InsideARM
Senate Vote On Kraninger To Lead BCFP Expected Tomorrow
IA InsideARM cited CEI’s Senior Fellow John Berlau and Policy Analyst Daniel Press on BCFP nominee Kathleen Kraninger. As insideARM reported earlier,…
The Washington Times
Free-Market Group Calls On Senate To Confirm Kathleen Kraninger To Lead Consumer Bureau
The Washington Times cited CEI’s Policy Analyst Daniel Press on BCFP nominee, Kathleen Kraninger. A conservative free-enterprise group urged the Senate Wednesday to…
The Florida Times-Union
Sunday Editorial: Be Smart With Federal Regulations
The Florida Times-Union cited CEI on the federal regulatory state. But regulations serve little purpose when they are unnecessary, encourage crony capitalism or…
Blog
This Week in Ridiculous Regulations
It was another short work week due to Thanksgiving, while Black Friday’s ritual tramplings put a damper on that day’s productivity. Last week agencies published…
Blog
This Week in Ridiculous Regulations
It was a short work week due to Veterans Day, as most Americans took time to reflect on the centenary of the World War I…
Washington Examiner
Self-Driving Car Bill’s Backers Seek Senate Vote Before It’s Too Late
Washington Examiner cited CEI’s Senior Fellow Marc Scribner on self-driving vehicle regulatory framework. Lawmakers and American car manufacturers are mounting a last-ditch effort…
The Daily Caller
ACLU Criticized For Suggesting Title IX Proposal ‘Inappropriately’ Favors The Accused
The Daily Caller cited CEI’s Senior Fellow Marc Scribdner on ACLU stance towards DOE’s Title IX reform. The American Civil Liberties Union (ACLU) is…
The Hill
Time For A Regulatory Budget
The Hill cited CEI on the burden of federal regulations. America’s regulatory burden has thrived in solitude because it’s uncounted, and therefore uncontrolled.The…
News Release
New FDA Rules on E-Cigarettes Will Limit Adult Smokers’ Access to Safer Alternatives
The Food and Drug Administration (FDA) today announced new regulations restricting the sale of flavored e-cigarettes. The new rules would restrict sales at convenience stores…
Reason
Trump Brags About Deregulation, But A Huge Number Of His Deregulatory Actions Were Started Under Obama
Reason cited CEI’s Senior Fellow Wayne Crews on Trump deregulation policy. President Donald Trump likes to brag about his record of cutting regulations.
Liberty Unyielding
Protectionism Kills Jobs And Candidacies
Liberty Unyielding cited CEI on Trumps deregulation policy. In the 2016 election, the GOP benefited from farm-state opposition to the Obama administration’s bureaucratic…
Liberty Unyielding
Tuesday’s Election Was Nothing For Republicans To Smile About
Liberty Unyielding cited CEI on Trump’s deregulation policy. The ideological composition of the judiciary matters for the economy. Yesterday, a judge blocked the Trump…
Study
How Antitrust Regulation Hinders Innovation and Competition
Few economic concepts elicit such strong reactions as that of monopoly, and the policy intended to address it—antitrust regulations (called competition policy in the European…
Blog
This Week in Ridiculous Regulations
The midterm elections finally happened. The good news is no more political ads for a while; the bad news is that a bunch of politicians…
Forbes
The Midterm Election Results Should Inspire A New Trump Executive Order On Federal Regulations
As part of its economic reform agenda, the Trump administration emphasized cutting red tape. It reaffirmed Office of Management and Budget (OMB) cost-benefit review of significant agency rules…
Blog
What Do the Midterms Mean for Regulatory Reform?
A divided Congress probably means the status quo will reign on regulation. This is a mixed bag from a free-market perspective. President Trump made…
Cayman Financial Review
The Administrative State
King George III, decried Thomas Jefferson in America’s Declaration of Independence, “has erected a multitude of new offices, and sent hither swarms of officers to…
The Patriot Post
Airline Deregulation At 40: Flying The Friendly Skies
The Patriot Post cited CEI’s Senior Fellow Marc Scribner on airline deregulation. Despite those fears about safety and loss of service to some…
Blog
This Week in Ridiculous Regulations
Regulators were relatively quiet during the week before the midterm election, though CEI wasn’t, with our colleague Ted Frank arguing a case before the Supreme…
Blog
RegData Tracks Extent of Federal and State Regulation
This week our old friend Chad Reese of the Mercatus Center at George Mason University hosts a new podcast about Mercatus’ RegData…
Letters
CEI Joins Coalition Letter Opposing Section 202 of S.3278 of the Protecting Taxpayers Act
The 17 undersigned organizations together ask Congress to oppose Section 202 of S. 3278, the Protecting Taxpayers Act, and similar efforts to grant the IRS…
Bloomberg News
NLRB Dodging Questions On ‘Joint Employer’ Rule, Democrats Say
Bloomberg News cited CEI’s Policy Analyst Trey Kovacs on the National Labor Relations Board’s ‘Joint Employer’ Rule. The NLRB responded to those separate…
CNS News
Economy Grew By Healthy 3.5% In Most Recent Quarter
CNS News cite CEI’s Senior Fellow Wayne Crews on Trump deregulation. As Wayne Crews of the Competitive Enterprise Institute noted in 2017, Trump has…
Blog
This Week in Ridiculous Regulations
Lots of contentious issues are in the news, from the midterm election to immigration to a disturbing rash of bombs sent to politicians and media…
Investor's Business Daily
Happy 40th Birthday, Airline Deregulation — Despite Complaints, You’re A Huge Success
Investor’s Business Daily cited CEI’s Senior Fellow Marc Scribner airline deregulation. Americans often express mixed feelings about today’s airlines, with their missed schedules,…
American Action Forum
The Community Reinvestment Act: A Primer
American Action Forum cited CEI’s Michelle Minton’s “The Community Reinvestment Act’s Harmful Legacy” report. In assessing the CRA, it is useful to look…
American Council On Science And Health
IARC Retraction Watch Begins: They Faked Images In Controversial Claims
American Council On Science And Health cited CEI’s Senior Fellow Angela Logomasini on IARC weedkiller claims. Schneider is not…
Legal Sports Report
What We Learned About Sports Betting In Congress: Questions And Answers
Legal Sports Report cited CEI’s Senior Fellow Michelle Minton on sports gambling. Minton’s testimony advocates for state regulation of sports betting, noting that…
Forbes
Trump Exceeds One-In, Two-Out Goals on Cutting Regulations, But it May be Getting Tougher
The Trump administration has released the Fall 2018 edition of the twice-yearly Unified Agenda of Federal Regulatory and Deregulatory Actions.
Townhall
Trump Regulatory Reform Saved Taxpayers $23 Billion
Townhall cited CEI’s Senior Fellow Clyde Wayne Crews’s “Ten Thousand Commandments 2018” annual report. The Competitive Enterprise Institute (CEI) puts out a report…
Blog
This Week in Ridiculous Regulations
The fall 2018 edition of the semi-annual Unified Agenda was released on Wednesday. It lists upcoming regulations from every rulemaking agency. This marks the…
Blog
Fewer Regulations, More Energy, Lower Emissions
The Trump administration had cheery news to report this week about deregulation, U.S. energy production, and greenhouse gas emissions.
Blog
Help the Poor by Making Their Lives Less Expensive
The Cato Institute’s Ryan Bourne has a great new study (and accompanying video) out about social welfare, government spending, and regulatory reform.
The Daily Caller
12-To-1: That’s How Many Regulations Trump Reportedly Repealed For Every New One Issued
The Daily Caller cited CEI’s Vice President for Policy and Senior Fellow Wayne Crew’s “An Annual Snapshot of the Federal Regulatory State” report. …
Blog
What Regulations Has the Trump Administration Eliminated So Far?
The fall 2018 Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions just appeared today. Notably, this is the first time the fall…
Blog
This Week in Ridiculous Regulations
In a Columbus Day-shortened work week, agencies issued more than 50 new regulations from deregulated TVs in TV commercials to POSTNET.
The Heartland Institute
Research & Commentary: Two New Regulatory Reform Ideas For West Virginia
The Heartland Instituted cited CEI’s “Ten Thousand Commandments” annual survey and Fellow Ryan Young’s “REINing in Regulatory Overreach” article. “Ten Thousand Commandments” is the Competitive Enterprise…
Blog
Bricks and Wood Heaters Also Need Relief from Obama-era Overreach
Several of the Obama-era Environmental Protection Agency’s most expensive and far-reaching Clean Air Act regulations are back in the news now that the Trump administration is…
Blog
Deregulation Coming from Labor Department
Deregulation is a topline goal of the current administration. Leading the pack in terms of costs savings from reducing red tape is the Department…
The Hill
The Risks And Rewards Of This Conservative Supreme Court
The Hill cited CEI on Herman Gundy v. United States case. Many of these future challenges would be motivated, at least in part,…
LifeZette
Trump Urged To Expose Bureaucrats’ ‘Regulatory Dark Matter’
LifeZette cited CEI’s Vice President for Policy and Senior Fellow Clyde Wayne Crews on regulatory dark matter. President Donald Trump has slashed a…
Blog
This Week in Ridiculous Regulations
In the news last week, the North American Free Trade Agreement (NAFTA) got a new name (USMCA) that nobody will use, and President Trump…
Government Executive
Trump Deregulatory Effort May Just Be Getting Started
Government Executive cited CEI’s Vice President for Policy Clyde Wayne Crews on Trump administration deregulation. The topic is of great interest to the conservative…
Credit Union National Association
CUNA’s Nussle, Schenk Talk CU Regulatory Climate At CEI
Credit Union National Association cited CEI from CUNA event. CUNA President/CEO Jim Nussle and Deputy Chief Advocacy Officer for Policy Analysis Mike Schenk…
The Lane Report
Perspective | New Cars, Cleaner Air
The Lane Report cited CEI on CAFE standards. The Department of Transportation finds that the best way to achieve cleaner air is when…
News Release
CEI Report Calls for Executive Order to Shine Light on Guidance Documents and Other “Regulatory Dark Matter”
The Competitive Enterprise Institute (CEI) released a new report today, calling on the White House to issue a new executive order to highlight and strengthen…
Study
A Partial Eclipse of the Administrative State
Deterioration of checks and balances via regulatory overreach and over-delegation by Congress to agencies are central to most modern critiques of the administrative state. Less…
Yogonet
The American Gaming Association Testifies On US Sports Betting
Yogonet cited CEI on sports betting regulations. The American Gaming Association (AGA) today informed the House representatives that “no additional federal engagement…
Stiffs and Georges
Federal Sports-Betting Regulation Bombs
Stiffs and Georges cited CEI on sports betting regulations. At least one woman was treated with respect yesterday on Capitol Hill and that was the American Gaming…
Blog
This Week in Ridiculous Regulations
It was a busy week in the political world, from the bitter Supreme Court controversy to President Trump’s UN speech, to tariffs on $260…
Small Business Trends
NLRB Proposes Rule Change To Restore Joint Employer Standard
Small Business Trends cited CEI’s Policy Analyst Trey Kovacs on NLRB proposed rule change. Labor policy analyst Trey Kovacs of The Competitive Enterprise…
Reason
New FAA Reauthorization Bill Tackles Seat Size, Supersonic Jets
Reason cited CEI’s Senior Fellow Marc Scribner on Congress aviation reform. “From our perspective, this is the most forward-leaning language from Congress on…
Citation
CEI Commends House for Passage of GOOD Act to Rein in Regulatory Overreach
The Competitive Enterprise Institute (CEI) commends the U.S. House of Representatives and Congressman Mark Walker for passage of the Guidance Out Of Darkness (GOOD) Act,…
Multichannel News
FCC Approves 5G Rollout-Related Reforms
Multichannel News cited CEI on FCC 5G reforms. “The FCC’s plan to cut red tape is a step in the right direction for…
Foreign Affairs
MIL-OSI USA: The House Passes Walker’s GOOD Act To Help NC Employers And Force Federal Agencies To Make Regulatory Guidance Transparent
Foreign Affairs cited CEI’s Vice President for Policy and Senior Fellow Clyde Wane Crews on the GOOD Act. The GOOD Act has received praise from Competitive Enterprise…
Blog
This Week in Ridiculous Regulations
Hurricane Florence, Supreme Court nominee Brett Kavanaugh’s sexual assault allegation, and a ten percent tariff on $200 billion of Chinese goods dominated the news. Meanwhile,…
Forbes
The Rules for Rulemaking: a Cheat-Sheet Glossary of the Administrative State
The following chronological overview of America's regulatory oversight regime emerged from noticing the many categories of rules and regulations in play in the insiders' game…
The Washington Times
Eliminating ‘Most Problematic’ Federal Regulations Saves Taxpayers $1.3 Billion This Year
The Washington Times cited CEI’s Vice President Clyde Wayne Crews on Trump’s federal regulation savings. Clyde Wayne Crews, vice president for policy at…
Blog
This Week in Ridiculous Regulations
It was a slow week for substantive news, aside from President Trump’s surprise signing of the Miscellaneous Tariff Act, which reduces tariffs on about 1,700…
Blog
The Financial Crisis 10 Years Later: What’s Changed?
Ten years ago, the United States plunged into a financial crisis that would bring the world economy to the brink of collapse. The housing bubble…
Boston Herald
Concorde could fly again as Congress targets supersonic ban
Boston Herald cited CEI on an upcoming Senate supersonic aviation provisions bill. “Fortunately, R&D has continued despite the ban, and recent technological breakthroughs in manufacturing and…
Forbes
A Trump Executive Order on Regulatory Guidance Documents Can Pick up the Ball Congress Dropped
Reform of so-called guidance documents or policy statements seeped into the broader regulatory reform debate in a number of ways, such as their incorporation into…
Blog
This Week in Ridiculous Regulations
After a short Labor Day breather, Supreme Court nominee Brett Kavanaugh’s hearings and White House intrigue made for a lively four-day week. Meanwhile, agencies issued…
Blog
This Week in Ridiculous Regulations
August ended with a bang, leaving the 2018 Federal Register on the brink of the 45,000-page mark going into the Labor Day holiday. Agencies passed…
Blog
How Free Is Your State?
Our friends at the Cato Institute have a great new promotional video for the latest edition of their annual Freedom in the 50…
Op-Eds
The Costs Of Federal Agency Expertise
Whether the matter at hand is health, safety, economic or technology policy regulation, federal intervention is legitimized on the basis of presumed impartial expertise of…
Blog
This Week in Ridiculous Regulations
Lawyers are having a field day in Washington, and not just in cases involving associates of a certain member of the executive branch. Over at…
Forbes
What Is The Effect Of Federal Regulation On Jobs?
A time of record employment is a perfect opportunity to reflect upon the conditions that enable it (suspicion of official employment statistics notwithstanding). How do you keep letting…
Blog
Federal Regulatory Cost Disclosure Reports Latest Ever
Why does it need to be such a headache to get timely reports on the costs and benefits of federal regulation? Government spends and it regulates.
Blog
This Week in Ridiculous Regulations
It was a slow news week on the policy front, though quite busy on the drama/soap opera front. The House was in recess, and while…
Blog
Hernando de Soto: How To Make the Third World Richer than the First
Our good friend Nick Gillespie interviews Peruvian economist and property rights activist Hernando de Soto about the future of prosperity in the developing world, and…
Investor's Business Daily
Deregulation Nation: President Trump Cuts Regulations at Record Rate
Investor’s Business Daily cited Senior Fellow Clyde Wayne Crews on Ten Thousand Commandments. As the Competitive Enterprise Institute noted earlier this year…
The Washington Post
Has the Trump Administration Repealed 22 Regulations for Each New One?
The Washington Post Fact Checker cited Vice President for Policy and Senior Fellow Clyde Wayne Crews on regulatory reform. Clyde Wayne Crews of the…
Forbes
Are Entrepreneurs Creating the Growing Economy, or is the Growing Economy Enabling Entrepreneurs?
It is taken as given that taxation and regulation affect business startups and job creation. However, the many metrics seeking to explain governmental policies' effects…
Blog
This Week in Ridiculous Regulations
The number of new final regulations for the year passed the 2,000 mark, with new rules ranging from cell walls to harpoon fishing.
Blog
This Week in Ridiculous Regulations
The big regulatory news is a proposed loosening of fuel economy standards for cars. This will likely improve safety; lighter cars don’t hold up…
Blog
This Week in Ridiculous Regulations
The economy grew by 4.1 percent last quarter, which is wonderful news. The president also announced $12 billion of subsides for farmers hurt…
Op-Eds
Are Entrepreneurs Creating The Growing Economy, Or Is The Growing Economy Enabling Entrepreneurs?
It is taken as given that taxation and regulation affect business startups and job creation. However the many metrics seeking to explain governmental policies' effects on entrepreneurship probably…
Forbes
Trump’s 2018 Regulatory Reform Agenda by the Numbers
The Trump administration has released the new Spring 2018 edition of the twice-yearly Unified Agenda of Federal Regulatory and Deregulatory Actions.
Forbes
Should Congress be Repealing Agency Rules that are Already Invalid?
The Senate has voted to repeal a 2013 Consumer Financial Protection Bureau (CFPB) regulatory guidance document that took the form of a “bulletin” on “Indirect…
Forbes
An Inventory of Federal Agency Guidance Documents
Is that an exciting click-bait title or what? It gets even better though. Federal regulations’ hundreds of billions in costs and burdens are a familiar…
Blog
Driving Innovation: Timbro Index Charts Scope of Global Sharing Economy
The Swedish think tank Timbro has published the first global index of the sharing economy. The Timbro Sharing Economy Index (TSEI) is the…
Blog
White House Budget Director Mulvaney Speaks at CEI Annual Dinner
Mick Mulvaney, director of the White House Office of Management and Budget, delivered the keynote address at the Competitive Enterprise Institute’s Annual Dinner and…
Blog
This Week in Ridiculous Regulations
The European Union fined Google a record $5 billion for antitrust violations, and the president raised foreign policy kerfuffles with Britain and Russia on…
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