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
The year the red tape died? Trump’s 2025 rule count hits historic lows
At the halfway point of 2025, the federal regulatory machinery is running at an unprecedented crawl. That’s good news. As tracked annually in my…

Blog
Trump executive order establishing a portal for regulatory dark matter
Even at the insistence of Congress in 2018, 46 federal agencies could only uncover only about 13,000 of their guidance documents and policy statements…

Blog
The week in regulations: Nuclear fees and unintentional otter injuries
The possible war with Iran did not escalate. The reconciliation bill debate continued, as did presidential pressure on the Federal Reserve to lower rates. U.S.
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National Review
App Shrugged: Will Uber Go Galt in California?
The rideshare company Uber is threatening to end its operations in California entirely if the Golden State forces the company to classify all its drivers as…
Blog
This Week in Ridiculous Regulations
Kamala Harris was announced as the Democratic dvice-presidential candidate, a massive storm swept through the Midwest, and Congress is out of session until September. The…
News Release
Regulatory Report Card Act Brings Accountability to Government, Wins Praise from CEI Expert
Rep. Paul Gosar (R-Arizona) introduced a Regulatory Report Card Act directing the Comptroller General of the United States to issue regulatory scorecards to agencies. The…
Blog
America’s “Unconstitutional Slop” Predates Trump’s Executive Actions on Pandemic Economic Relief
The logic of the administrative state dictates the expansion of itself in response to any crisis. Executive actions play a game rigged against limited government.
Blog
New CEI Video: Eliminating Never Needed Regulations to Help with Recovery
In a new CEI video, Kent Lassman talks about three things agencies can do rein in regulations that are hindering the COVID-19 response and making…
Blog
This Week in Ridiculous Regulations
August’s 2020 disaster list so far includes a massive warehouse explosion in Beirut that killed more than 100 people and Hurricane Isaias. In positive news,…
Blog
Cautious Optimism on July Jobs Numbers: Prudence, Resilience Will Aid Recovery
In July, 1.8 million new jobs were created, and the unemployment rate dropped to 10.2 percent. That is a welcome follow-up to the second quarter’s…
Blog
When Spending Is Regulation: The Grand Unification Theory of Government Growth
Alongside helplessness in the face of a looming $27 trillion debt, debating administrative state policy hasn’t been much help in forestalling federal government growth.
Blog
An Executive Order 13,891 Guidance Document Portal Update: Another Lap to Go
President Donald Trump’s October 9, 2019 Executive Order 13,891 (E.O. 13,891) and a subsequent White House Office of Management directive to amplify and clarify it…
Blog
This Week in Ridiculous Regulations
What a week. COVID-19 deaths passed 150,000. Second-quarter GDP declined 9.5 percent from a year ago and 7 percent from the previous quarter. In more uplifting…
Blog
2020 Second Quarter GDP Decline Is Worst in U.S. History—But Not 32.9 Percent
The good news is that the second quarter’s GDP numbers aren’t nearly as scary as the more dramatic headlines are saying. The economy has not…
Forbes
Antitrust Showdown In Congress: Big Tech, Meet Big Government
There’s a contradiction in the Trump, and by extension Republican, deregulatory agenda that could inadvertently threaten the recovery of an already wavering economy. That aberration…
Blog
This Week in Ridiculous Regulations
Confirmed COVID-19 cases in the United States surpassed 4 million last week. Congress returned to session after its July 4 break and is putting together…
News Release
Repeal #NeverNeeded Regulations Hindering Use of Tech at Home During Deadly Pandemic
The COVID-19 crisis has severely tested individuals and businesses, making access to technologies and services that enabled large swaths of the American economy to move…
Study
Repeal of #NeverNeeded Regulations Can Help People Stay Home and Safe During the COVID-19 Crisis
As individuals and businesses continue to address the COVID-19 health crisis, access to technologies and services that have enabled large swaths of the economy to…
Blog
Deregulate to Stimulate: #NeverNeeded Regulations Are Harming Health and Economy
The Code of Federal Regulations contains more than 1.1 million regulatory restrictions. State and local governments have additional rules. Some of those rules have a…
Blog
How to Spot a #NeverNeeded Regulation
Regulatory reform is one of the most important weapons there is for fighting COVID-19 and for aiding the economic recovery after the worst passes. Where…
Blog
Trump Administration Celebrates Red Tape Reduction, Promising More
The White House hosted a midsummer celebration on the South Lawn of the Trump administration’s reforms and reductions of unneeded “job killing regulations” and red…
Forbes
Donald Trump Showcases Four Years Of Red Tape Reduction At White House Event
The White House hosted a midsummer South Lawn celebration showcasing the Trump administration’s reforms and reductions of “job killing regulations” and…
Blog
This Week in Ridiculous Regulations
After another busy week for agencies, the 2020 Federal Register is on pace to be 79,121 pages. None of those pages include the Spring 2020…
Blog
How to Make #NeverNeeded-Style Reforms Stick
There are lots of good regulatory reform ideas out there. The ideas with the most staying power share a common theme. They don’t just treat…
Inside Sources
How to Reform Never-Needed Regulations – and How to Keep Them That Way
Policymakers have waived more than 600 regulations as part of the COVID-19 response. Federal agencies lifted rules against telemedicine and remote education.
Blog
This Week in Ridiculous Regulations
New COVID cases continued to rise, and the Supreme Court handed down a number of controversial decisions to end its term. Regulatory agencies issued new…
News Release
#NeverNeeded Report: Systemic Regulatory Reform Will Aid Economic Recovery from COVID-19
Policy makers at all levels of government have waived more than 600 regulations, including rules impeding access to medical care and making the economic shock…
Blog
New #NeverNeeded Paper: Regulatory Reform
Regulatory reform is one of the most important policy responses to the COVID-19 crisis. Removing obstacles to health care can save lives. Removing barriers against…
Study
How to Make Sure Reformed #NeverNeeded Regulations Stay That Way
Policy makers at all levels of government have waived more than 600 regulations in response to the COVD-19 crisis.[1] Those rules were…
Blog
The E.O. 13891 Guidance Document Portal: An Exercise in Utility
Federal agencies have been required by Executive Order 13891 to create “a single, searchable, indexed database that contains or links to all guidance documents in effect.” Agencies…
Blog
This Week in Ridiculous Regulations
The USMCA trade agreement came into effect on July 1, and three states increased their minimum wages. The unemployment rate went down to 11.1 percent.
Blog
Trump’s Regulatory Reform Agenda by the Numbers, Summer 2020 Update
The administration released the Spring 2020 Unified Agenda of Federal Regulatory and Deregulatory Actions. Its purpose is to lay out regulatory priorities of the federal…
Forbes
How Donald Trump Has Cut Regulation – But Also Added It
Spending control and deficit restraint are indispensable to a nation’s stability and long term economic health. Before the economic lockdown, federal debt service was already…
Blog
This Week in Ridiculous Regulations
Consumer spending rose 8.2 percent in May, a new record that gives hope for a quicker economic recovery. On the other hand, new coronavirus cases…
Forbes
Regulating Social Media Content Moderation Will Backfire And Make Big Tech More Powerful
As repeatedly noted by defenders of free speech, expressing popular opinions never needs protection. Rather, it is the commitment to protecting dissident expression that is…
Blog
Podcast: Reforming #NeverNeeded Regulations
The John Locke Foundation has released a Rebound Plan for North Carolina, where it is based—the basketball reference is a nice touch. It contains reform…
Blog
This Week in Ridiculous Regulations
Trade protectionists have taken to calling free traders soft on China. According to John Bolton’s forthcoming book, it turns out to be the other way…
Blog
Has Trump Been a Net Deregulator?
Pierre Lemieux, in Regulation magazine, draws from the new 2020 edition of Ten Thousand Commandments to estimate the Trump administration's net impact on regulation. Trump’s…
Blog
Emergencies and the Project Manager’s Dilemma
Government agencies’ initial responses to the COVID-19 crisis were notable for one particular characteristic: incompetence. From basic errors in data collection, through failed lab safety…
Blog
A Look At Trump’s Deregulatory Record and How More of the Same Can Anchor the Next Coronavirus Recovery Package
I remembered wondering in 2017 whether the federal government would be larger or smaller after four years of Trump. The debt has now topped $25 trillion and the deficit alone…
The Washington Examiner
Trump’s Regulatory ‘Impulses’ Threaten Victories Over Swamp
The Washington Examiner cites Competitive Enterprise Institute Vice President Clyde Wayne Crews regarding regulation in the Trump administration. President Trump has continued his unprecedented rollback of…
Blog
This Week in Ridiculous Regulations
The rate of new coronavirus cases increased last week, adding a note of caution to tentative efforts at reopening. Regulatory agencies issued new final regulations…
Blog
#NeverNeed Regulations and the Coronavirus
What is the appropriate public policy response to COVID-19 crisis? In a new short video, Kent Lassman makes the case for lifting government barriers that…
Blog
This Week in Ridiculous Regulations
Friday’s 13.3 percent unemployment rate announcement was actually good news, and says much about the more than 600 regulations waived so far at various levels…
Blog
Trump Executive Order to Expedite Project Approvals
President Trump on June 4 issued an Executive Order intended to expedite the federal approval process for major infrastructure projects. “Economic Recovery from the COVID-19…
Blog
Pandemics, #NeverNeeded Regulations, and Ten Thousand Commandments
At Inside Sources, Wayne Crews and Ryan Young have an op-ed summarizing the main findings of Wayne’s new 2020 edition of Ten Thousand Commandments, plus…
Blog
Time to Permanently Sunset Waived #NeverNeeded Regulations
Many regulations have proven especially harmful during the COVID-19 crisis. But many of those waivers are temporary. Those temporary waivers should be made permanent. One…
The Washington Examiner
Kill the Never-Needed Regulations Slowing the Economic Recovery
Our attention is focused on a single, terrible story like we’ve rarely seen before, a story that commands such a level of attention because it…
The Washington Examiner
New Report Reveals the Crushing Costs that Federal Regulations Impose on Average Households
The Washington Examiner cites Vice President for Policy Wayne Crews on CEI’s 2020 10kc report: Free market conservatives and libertarians well understand the…
Reason
The Pandemic Is a Reminder That Many Regulations Are Both Costly and Unnecessary
Reason cites Vice President for Policy Wayne Crews on CEI’s 2020 10kc report: Instead, to calculate the cost of these sorts of rules,…
The Washington Times
Trump Signs Broad Order to Speed Deregulation and Relax Red Tape for Economic Recovery
The Washington Times cites Vice President for Policy Wayne Crews on deregulation by President Trump: Wayne Crews, vice president for policy at the…
Fox Business
Trump signs E.O.: ‘Regulations will be cut’
Fox Business cites CEI’s 2019 publication of 10kc: As of April 28, the Trump administration had put 277 deregulation orders into place since…
Study
The Case against Social Media Content Regulation
As repeatedly noted by most defenders of free speech, expressing popular opinions never needs protection. Rather, it is the commitment to protecting dissident expression that…
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