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
Free the Economy podcast: Subsidies for billionaires with David McGarry
In this week’s episode we cover White House intervention in corporate ownership, the nation’s falling economic freedom ranking, and welcome new…

News Release
Federal appeals court rules on NLRB unconstitutionality
The 5th Circuit Court of Appeals today issued a ruling suggesting the structure of the federal government’s top labor dispute regulator, the National Labor Relations…

Blog
The week in regulations: Import paperwork and postal possession
The 2025 Federal Register topped 40,000 pages. President Trump met with Vladimir Putin in Alaska. The Producer Price index rose at its fastest level since…
Search Posts
The Wall Street Journal
Amazon’s Pandemic Success Story
There’s one bright spot in the dismal pandemic economy. Amazon is trying something that no company has attempted before: supplying the essential needs of 325 million Americans…
Youtube
VIDEO: Iain Murray Discusses #NeverNeeded Regulations and COVID-19
Vice President for Strategy and Senior Fellow Iain Murray joins Dana Loesch to discuss #neverneeded regulations and COVID-19…
The Epoch Times
Federal, State, and Local Governments Shed Over 170 Regulations to Fight Pandemic
The Epoch Times cites CEI on #neverneeded regulations: Even more regulations can be scrapped to empower American industry to help with the crisis,…
Bloomberg Law
Covid-19 Revives Debate over Economic Benefits of Deregulation
Bloomber Law cites Vice President for Strategy and Senior Fellow Iain Murray on #neverneeded regulations: Direct government aid won’t be enough to get…
CATO
Regulation after COVID-19
The CATO Institute cites CEI on #neverneeded regulations: Many of these regulations have no sound public justification whether in or outside of an…
The Federalist
South Africa’s Coronavirus Repression Signals Worse To Come
The Federalist cites CEI on #neverneeded regulations: Think tanks and researchers are working hard to shine a light on just how destructive artificial…
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