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.
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Study
The Environment, the Law, Markets, and the Path Forward
Introduction The Pharos Foundation at Jesus College, a constituent college of the University of Oxford, invited me to speak at an on-campus forum in May.
Blog
Abolish, shuffle, repeat: The SOTU’s ill omen for federal retrenchment
Shrinking the federal government and abolishing agencies sounds simple — decisive, even. In practice, however, it appears neither can be done under modern administrative-…
Blog
Trump’s SOTU conundrum: Deregulation today, swamp tomorrow?
Donald Trump’s 2026 State of the Union (SOTU) address presents an opportunity to confront the federal spending, entitlement, and regulatory behemoth in a new way…
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Blog
CEI Weekly: CEI’s 9/12 Intellectual Ammunition Workshop
CEI Weekly is a compilation of articles and blogs from CEI's staff. This week features CEI's workshop for the 9/12 March on D.C., and a…
Blog
Regulation of the Day 46: Chemical Weapons
If your company exports chemical weapons, make sure you keep good records. Every year, on company letterhead, you have to list ten things for the…
Blog
Regulation of the Day 45: Wooden Crates
Even the humble wooden crate cannot escape the government’ watchful regulatory eye.
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Regulation of the Day 44: Soil Scientists
In Wisconsin, you need a license to work as a soil scientist.
Blog
No Savings from Preventive Care
A new study published in the journal Health Affairs calls into question claims by congressional Democrats and President Obama that mandatory coverage of preventive care…
Citation
Ted Kennedy… the Deregulator?
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- 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