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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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…

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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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The Power of Positive Drinking
CEI is back in federal court. On October 29th, CEI filed suit against the Bureau of Alcohol, Tobacco and Firearms (ATF) to challenge the agency’s…
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Message from the Executive Director: Time for Another Contract
The 104th Congress was anything but "extremist." Its leaders proposed to balance the budget — but only after seven years. They called for family tax…
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Uncle Sam’s Commandments
While government activity is generally, and rightly, associated with taxing and spending, there is another way Congress carries out its objectives: by imposing health, safety,…
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The Free Market Automobility Bibliography
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Oysters and Willapa Bay
Contents: Oysters Oysters and Willapa Bay Eliminating the Tragedy of the Commons Experimentation and Innovation Fighting for Water…
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Appropriations Riders and Environmental Reform: How Appropriate?
Full Version Available In PDF The reform and restriction of federaql regulatory programs is a key element of the conservative Congressional agenda. Many…
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