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: Drone settlements and gambling losses
The 2026 Federal Register topped 20,000 pages. President Trump got into a feud with the Pope. Agencies issued new regulations ranging from mail standards to…
Blog
Free the Economy podcast: How to Get What You Want with Josh Bandoch
In this week’s episode we cover AI development in China, how large investors recycle homes, and why permitting reform needs to…
Issues and Insights
After Iran, Trump Needs To Bomb The Administrative State Into Submission
Issues and Insights cites CEI’s Clyde Wayne Crews on the release of his new report, the 2026 edition of Ten Thousand Commandments. “The regulatory tax of…
Search Posts
News Release
Environmental, Other Regulations Under Scrutiny
Washington, D.C., December 20, 2002—From energy conservation standards for washing machines to labels on genetically modified food, many federal regulations are coming…
Study
How to Drive Competition in a “Deregulated” Market
View Full Document as PDF…
Op-Eds
EPA’s $32 Trillion Negligible Risk
It is no surprise that federal agencies often tailor their interpretation of the facts and the law to support various policy goals. It should…
Study
CEI Senior Fellow Publishes New Book On EPA’s Regulatory Enforcement
Out Of Bounds, Out Of Control: Regulatory Enforcement At The EPA CEI Senior Fellow James DeLong Publishes New…
Products
August/September 2002 Edition of CEI Update
Full Document Available in PDF Articles in this edition: “Nothing But Hot…
Op-Eds
Getting The Rails Back On Track
As the recent crash of an Amtrak passenger train in Maryland illustrates, our nation's railroad tracks are in dire need of maintenance or replacement.
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