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 week in regulations: Bird hunting and food coloring
The Federal Register’s website became less transparent about rule counts and other data. President Trump threatened to send the military into a third city. The…

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…
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Blog
The executive order that could kill trillion-dollar bailouts
The federal government doesn’t just spend—it also regulates through spending. That’s one reason crises so often inflate Washington’s role in American life. But as I…
Blog
The week in regulations: Pool ladders and helicopters
President Trump paused his Liberation Day tariffs after financial markets crashed. Even with the pause, America’s tariffs are still among the world’s highest. Agencies issued…
Blog
Paul Atkins is an excellent choice to lead the SEC
On Wednesday, the Senate confirmed Paul S. Atkins to serve as chair of the Securities and Exchange Commission (SEC). As I have stated before,…
Blog
What happened to never-needed regulations
CEI led a never-needed campaign during the COVID-19 pandemic. The idea was simple: if a regulation was causing harm in good times, it was probably…
Blog
This week in ridiculous regulations: Helicopter hoists and migrant children
President Trump announced new auto tariffs that will take effect next week, raising the price of average-priced new cars from $3,000 to $10,000. Agencies issued…
Blog
Trump’s deregulation push: Several steps forward—and some sideways
As I cover in a new column at Forbes, Trump 2.0 has brought a flurry of executive orders aimed at deregulation—one-in, ten-out rules,…
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