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
News Release
Update in CEI’s case against Wisconsin’s unconstitutional rule barring voter participation in prediction markets
Yesterday, a District Court denied CEI’s motion for a preliminary injunction against Wisconsin’s rule denying voters the right to participate in election prediction market…
Blog
The regulatory dark matter beyond Washington’s graveyard of rules: 83,141 ghosts and counting
The clocks have turned back, the days are growing darker, and Washington’s regulatory shadows lengthen. Washington’s policy ghouls are waking up to the fact…
Blog
The week in regulations: Space modernization and closed captioning
Sir Patrick Stewart passed away at age 86. GDP growth came in higher than average for the third quarter, but so did September’s PCE…
Search Posts
Blog
Regulation of the Day 26: Fortune Telling in Maryland
You need a license to tell fortunes in Annapolis, Maryland.
Blog
Union Bosses Say the Darndest Things
As described in an OpenMarket post by CEI’s Ivan Osorio a couple weeks ago, the Teamsters union and UPS are currently lobbying Congress to…
Blog
Chuck Schumer: “We’ve Got to Stand Still”
High-frequency stock trading — the markets where sophisticated algorithms running on bleeding edge hardware trade assets using information only fractions of a second old —…
Blog
Regulation of the Day 25: Cattle with Scabies
If you own cattle and they are at risk of catching scabies, you may want to read up on the pertinent federal regulations. There are…
Blog
End the Letter Delivery Monopoly: Sell The USPS
“Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion…
Blog
FDA to Smokers: Drop Dead
The FDA is now moving towards banning a smoking alternative that could save many lives. Every year, millions of smokers like my wife try…
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