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: Spinach proteins and seat belt reminders
The Artemis II mission landed safely after orbiting the moon. Inflation took a huge jump in March from the Iran war’s effects on energy prices.
Blog
Ten Thousand Commandments 2026 is out now
Today is release day for this year’s edition of Wayne Crews’ Ten Thousand Commandments. This year also marks the 30th anniversary of CEI’s first…
Blog
Free the Economy podcast: Consumer-regulated energy with Travis Fisher
In this week’s episode we cover economic growth in China, the political legacy of Viktor Orban in Hungary, and the one-year…
Search Posts
Op-Eds
The New Reason For Pain at the Pump
Everyone knows that the recent rise in the price of oil has had an effect at the pump, but something less well known…
Op-Eds
Culture Wars
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> When Americans hear the word “outsourcing,” they typically imagine the movement of <?xml:namespace prefix =…
CEI Planet
January-February Edition of CEI Monthly Planet
Full Document Available in PDF “The European Constitution Falls Apart,”…
Op-Eds
Supreme Court Rules EPA Can Override States on Environment
In an ongoing fight between states and the federal government over control of environmental policy, the federal government has notched an important victory…
Op-Eds
Creating Cow Concerns Should Make Mad Consumers
<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />U.S. consumers are known for their affection for food, so it's a wonder most Americans…
Op-Eds
Clinton’s Midnight Madness vs. the Bush Administration
Remember all those “<?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />midnight regulations” finalized by outgoing Clinton administration officials during their final two months…
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