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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Free the Economy podcast: Revisiting Earth Day with Todd Myers
In this week’s episode we cover the dwindling number of US public companies (via Todd Zywicki of George Mason University), a pro-consumer…
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The week in regulations: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
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Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
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Wireless Probe, Nanotechnology Funding and Ted Kennedy, RIP
The Federal Communications Commission launches a three-part investigation into competition in the wireless industry. The National Science Foundation dispenses new grants for nanotechnology research in…
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Regulation of the Day 41: The Color of Beer Cans
Having already solved all of the country's economics woes, the FTC now has time to threaten to step in and stop Budweiser from selling cans…
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Nanotech: Innovation or Stagnation?
In the long run, a competitive, cut-throat market process driven by innovation is better for consumers than if government were to fund and direct research.
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Ted Kennedy’s Deregulatory Legacy on Airlines and Trucking
Tributes are pouring in for Edward M. "Ted" Kennedy, who lost his battle with brain cancer late Tuesday evening at the age of 77.
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Regulation of the Day 40: Flying a Plane
Want to fly a plane? The FAA just published 72 pages worth of changes to its already extensive certification rules. 173 changes in all.
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Germanic Hoards
The old central powers (Germany, Austria, Hungary) seem to have come together again in opposition to plans to phase out incandescent light bulbs in…
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