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: The Grim Old Days with Chelsea Follett
In this week’s episode we cover global energy security, a new lawsuit against Section 338 tariffs, and fresh talent in…
News Release
CEI challenges Wisconsin’s treatment of election prediction-market contracts
The Competitive Enterprise Institute has filed a federal lawsuit on behalf of Wisconsin voter and Green Bay radio host Joseph Giganti, Sr., challenging the…
Blog
The week in regulations: Salt substitutes and spiny lobster management
The new White House Press Secretary lasted five days before resigning. Sen. Elizabeth Warren is upset that one company makes two brands of hot…
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Antitrust Skeptic’s Bibliography
For more than two decades, the willingness of policy makers to rethink the presumption that economic regulation automatically benefits consumers has driven the deregulation of…
Study
Tom Smith and His Incredible Bread Machine
In the 108 years since the passage of the Sherman Act, there has probably never been a clearer and more concise statement of the…
Op-Eds
New fuel standards unnecessary
Once again, the government has issued what it claims is a “win-win” fuel economy mandate— yes, it will raise the prices of new SUVs and…
Study
The U.N.’s Strategic Approach to International Chemicals Management Program
Full Document Available in PDF In February 2006, at…
News Release
Ruling on Tobacco Settlement Payments Expected
Contact: <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Christine Hall, 202.331.2258 Jody Clarke, 202.331.2252…
Op-Eds
Congress’ Silk Purse
During the Capitol Hill budget debates, many spectators must have found the use of the term “earmarking” somewhat strange. What does it have…
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