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: Professional fireworks and farmer training
The 2026 Federal Register topped 50,000 pages and is on track to exceed 85,000 pages for the year. The economy lost 23,000 jobs, yet…
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Free the Economy podcast: The Independence Index with Marc Wheat
In this week’s episode we cover the effect of tariffs on car prices, trends in electricity supply and demand, and the…
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The week in regulations: Peach diversion programs and nuclear packages
The Federal Reserve kept interest rates the same, and an increase may be on the way. Economic growth remained below average, and inflation remained…
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ATF Documents Reveal Ban on Protected Speech
We have previously reported on CEI’s pending lawsuit with the bureau of Alcohol, Tobacco and Firearms (ATF) challenging the constitutionality of the agency’s ban…
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Rethinking Insurance Regulation–1998
NATURAL DISASTERS AND CATASTROPHIC…
Study
A Disaster Waiting to Happen: Why Washington Shouldn’t Subsidize Disaster Insurance
This Thursday, April 23, the House Banking and Financial Services Committee will examine H.R. 219, the Homeowners Insurance Availability Act sponsored by Rep. Rick…
Study
Electric Avenues: Why “Open Access” Can’t Compete
Full Document Available in PDF The regulation of electricity markets…
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The Other Roosevelt Legacy
America’s current political dilemma the dominant progressive belief that government is a force for unlimited good — has many roots, but special honor goes…
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Flirting With Disaster
Congress is again exploring new ways to undermine the private market for homeowners insurance in disaster-prone parts of the country. On February…
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