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The FTC, the Kroger-Albertsons merger, and the relevant market fallacy
Over at National Review’s Capital Matters site, Alex Reinauer and I look at the FTC’s word games in its case against the proposed Kroger-Albertsons…
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Gov. Youngkin vetoes two-crew minimum bill in defiance of railroad unions
Virginia Gov. Glenn Youngkin recently vetoed a slew of bills by the commonwealth legislature. One rejection in particular was well-deserved: nixing an ill-advised…
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40th Anniversary Commemorative: How CEI killed credit for early action
The Competitive Enterprise Institute (CEI) turned 40 this month. I’m proud to have been a CEI scholar for more than a quarter century. Our friends,…
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February inflation stays high, fiscal credibility remains a problem
Headline CPI inflation numbers sped up in February. Monthly inflation increased 0.3 percent in January, and 0.4 percent in February. Year-to-year inflation is 3.2…
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One great moment in the budget battles: GOP’s ‘Policy Statement on Deregulation’
Today marks the release of the White House’s $7.3 trillion budget proposal for fiscal year 2025, even as policymakers continue their wrangling over the…
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This week in ridiculous regulations: Taconite and lab fees
President Biden delivered his State of the Union address. Super Tuesday primaries all but settled this year’s presidential combatants. The FTC has a full slate…
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Beware the labor regs of March!
A new rule from the federal government meant to protect workers is set to take effect today, March 11. It will instead leave most workers…
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Will EPA empower California to ban gasoline-powered cars?
Did Congress authorize the Environmental Protection Agency (EPA) to outlaw the sale of new internal combustion engine (ICE) vehicles? Did it authorize the EPA to…
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One way for government to improve air quality: Remove obstacles to prescribed fires
The Environmental Protection Agency’s (EPA) final rule on particulate matter prematurely makes the primary annual standard for fine particulate matter (PM2.5) much…
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SEC’s new climate disclosure rule a slow-motion train wreck
The day that many observers of financial regulation have long been awaiting (and dreading) has come; the Securities and Exchange Commission (SEC) has voted…
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Free the Economy podcast: Free markets and the common good with Iain Murray
In this week’s episode we cover fake environmentalism and the need to build, a look at policymaking inside the National People’s Congress…
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CEI sues to end federal at-home distilling ban
The Competitive Enterprise Institute, which regularly litigates against federal overreach, represents the Hobby Distillers Association and its members in a lawsuit seeking an end…
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SOTU 2024: Unparalleled spending, regulation, and dependency
In bumper-sticker fashion, we have fondly summed up Joe Biden’s recent State of the Union Addresses (SOTU) as appeals for more spending, regulation and…
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The Surge: New EPA rulemaking, Biden’s LNG ‘pause,’ and more
If you are interested in analysis and perspective on current energy and environmental issues, then we encourage you to subscribe to this new publication…
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Spending bills fail to provide checks on Biden’s energy and environmental abuses
Over the weekend, House and Senate appropriations released the text of six final fiscal year (FY) 2024 spending bills: Energy and Water, Agriculture, Military…
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Crickets: Congressional silence on a new communications act
In what seems to be news to legislators and regulators, the communications marketplace is innovative and dynamic. The platforms used to consume increasingly varied types…
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The Stop Woke Investing Act and ‘ESG fatigue’
The Securities and Exchange Commission (SEC) has made it far too easy for activist shareholders to overturn the traditional proxy review process. The SEC’s…
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This week in ridiculous regulations: Seabird mitigation and nuclear locations
CEI is hosting a hill event on March 5 about reforming administrative law courts. Politicians got upset about Wendy’s menus. GDP growth was…
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FTC declares mergers to be union-busting
In a classic case of regulatory creep, the Federal Trade Commission (FTC) has recently asserted jurisdiction over labor unions and collective bargaining. The agency is…
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Where do regulations go when Congress shutters an agency?
The way the federal government spends money rarely changes until a crisis comes along. Arguably, we’re already there with federal debt service (interest) payments…
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An exemplary climate debate on campus
I recently returned from Miami and the campus of Florida International University (FIU), where I was pleased to take part in the FIU Environment…
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Free the Economy podcast: Politically homeless with John Tillman
In this week’s episode we cover an environmental conference in Miami, allegedly underfunded government schools, Google’s AI diversity debacle, and new…
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Senate should pass bill to stop Biden’s liquified natural gas export ‘pause’
The Biden administration announced a pause last month on new approvals for liquified natural gas (LNG) exports to non-Free Trade Agreement (non-FTA) countries. The…
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EPA’s Scientific Integrity Policy is unscientific, lacks integrity
The Environmental Protection Agency recently released a draft update to its “Scientific Integrity Policy,” which aims to ensure the agency’s science-based decisions and…
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What ails the working class?
Late last month I was privileged to be asked to speak at a Heritage Foundation event on the subject of the continuing travails of…
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NLRB ruling on college athletes may foul foreign players
Nothing produces untended consequences like government action, and no one can say that the National Labor Relation Board’s (NLRB) isn’t producing its fare share. The…
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Worried about massive federal debt? Time to right-size the regulators
In the annals of federal bloat, a milestone is looming as noted in another post last week: 2024 interest payments on America’s $34 trillion…
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This week in ridiculous regulations: Space debris and dried prunes
The privately-built Odysseus spacecraft became the first American moon lander since 1972. President Biden announced new Russian sanctions in response to opposition leader Aleksey Navalny’s…
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I’ve got your ‘common good’ right here
As a classical liberal, I believe in the value of free markets and individual liberty, but as a Freedom Conservative, I also feel that…
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Amazon primal: Retailer calls NLRB unconstitutional
Amazon has joined the growing chorus of businesses declaring that the National Labor Relations Board (NLRB) may be unconstitutional. Along with SpaceX and Trader Joe’s,…
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Free the Economy podcast: Federal tech with Deb Collier
In this week’s episode we cover the future of environmental policy, rare earth minerals in Wyoming, and what we can learn from…
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Trade is a tool for American national security
Free trade policies have recently come under attack on national security grounds. One of the attackers is Sen. Josh Hawley (R-MO). His argument does…
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New student loan proposal is regressive, politicized, and won’t stop rising prices
President Biden this week unveiled a new student debt relief proposal. It would cancel student debt for up to 153,000 people who incurred $12,000…
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NLRB v. EEOC: Damned if you fire, damned If you don’t
The National Labor Relations Board’s (NLRB) aggressive new enforcement stance is creating a terrible bind for some businesses: if they try to avoiding penalties from…
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Today’s federal spending makes the Louisiana Purchase look like pocket change
The week of Presidents’ Day 2024 comes at a lull before contentious budget battles resume in early March. It is thus an opportune moment…
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This week in ridiculous regulations: Cooking energy and steel plants
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George Washington’s marvelous list of liberties and grievances
On the federal holiday on Monday and on his real birthday on Thursday, February 22, we celebrate the 292nd birthday of our nation’s first president,…
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Off-the-rails FTC wrong answer for keeping kids safe online
This week the Washington Post reported that the Kids Online Safety Act (KOSA) is poised to pass the Senate, but faces hurdles in…
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Time to simplify trade agreements
Over at National Review’s Capital Matters site, Kent Lassman and I make the case that trade agreements should stick to trade. We also argue…
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Red tape? More like chains, thanks to deficit spending and subsidies
Federal subsidies and grants are infamous for having strings attached. That’s nothing new, but those strings are increasingly chains. Businesses are being seduced into corporate…
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Free the Economy podcast: Federalism wins with Patrick Gleason
In this week’s episode we cover President Biden’s attack on shrinkflation, barriers to workplace flexibility, and a motherlode of domestic lithium.
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Major asset managers drop climate activism
It’s all over the business news headlines this morning: Major money managers are exiting an international alliance focused on influencing climate change policy and reducing…
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CEI’s The Surge: Biden admin particulate matter rule, GOP carbon tax support, and more
If you are interested in analysis and perspective on current energy and environmental issues, then we encourage you to subscribe to this new publication…
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Biden liquefied natural gas export ‘pause’ hurts Americans and our allies
The Biden administration recently announced plans to pause approvals for new liquefied natural gas (LNG) exports to countries in which the United States doesn’t…
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The GOP is souring on free trade
It is no secret that the median voter is either unaware or doesn’t care how most policies actually work, from immigration to health care policy.
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Adam Smith, national ruin, and human progress
During the American Revolution, British Member of Parliament John Sinclair wrote a letter to Adam Smith. He was worried about how badly the war was…
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This week in ridiculous regulations: Horseracing and postal products
The Supreme Court heard a case about whether Donald Trump should be disqualified from holding public office under the Fourteenth Amendment. A lawyer’s memo called…
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Energy and Environment Regulatory Tracker: EV mandates, EPA confuses science and policy, and more!
Keeping track of the most important energy and environmental federal rules can be difficult. The following lists some important proposed rules with open comment periods: …
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Regulatory reform in the 118th Congress: The POST IT Act
When navigating federal regulations, small businesses frequently encounter challenges in understanding and adhering to them. This lack of clarity poses significant hurdles for both new…
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FTC commissioner wants to regulate worker misclassification, decries ‘unfair competition’
Federal Trade Commissioner Alvaro Bedoya has announced that the Federal Trade Commission (FTC) will get into the business of enforcing labor law. That was the…
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Free the Economy podcast: Understanding AI with Matthew Mittelsteadt
In this week’s episode we cover Elon Musk’s controversial pay package, protecting children online, and the Biden administration’s slamming the breaks…
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The Greenhouse Gas Reduction Fund: A slush fund for the EPA and favored nonprofits
President Joe Biden signed the so-called Inflation Reduction Act (IRA) into law on August 16, 2022. The bill, enacted on a purely partisan basis,…
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Congress takes on anti-consumer furnace regulation
CEI suggested five bad appliance regulations Congress should reject with the Congressional Review Act last November. Now, Congress has taken up the first target…
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‘Right to repair’ advocates likely to fail at the FTC
CEI submitted comments on a 53-page petition for rulemaking last week that asked the Federal Trade Commission (FTC) to promulgate rules “to protect consumer’s…
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New CEI paper: Toward a US-Swiss Free Trade Agreement
Free Trade Agreements (FTAs) have gotten so large and unwieldy that they are almost impossible to pass. The result is lost economic opportunities for America…
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Biden admin’s particulate matter rule: premature, rejects sound science, will hurt American families
Only six months ago, the Biden administration rightfully declined to revise the ozone standards in part because it wanted to be able to consider…
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Proof of the PROVE IT Act’s carbon tax agenda
A recent post explains how S. 1863, the PROVE IT Act, could empower narrow partisan majorities to enact carbon tariffs and taxes in…
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Trump proposes 60 percent China tariff
Donald Trump recently pledged to enact a 60 percent tariff against China if he becomes president again. His latest comments indicate, “Maybe it’s going…
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Attention regulators: Be on the lookout for the ALERT Act
It has been almost a quarter-century since the federal government performed an assessment of the aggregate costs of regulation of regulatory intervention. Late last year,…
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Charlotte-area police departments are rolling in forfeiture funds
I’ve always loved William Blake’s poem “Auguries of Innocence,” which begins by asking the reader “To see a World in a Grain of Sand.”…
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Federal courts to the rescue on bad appliance regulations?
The US Supreme Court recently heard a case that could impact how much deference judges give to regulatory agencies. To be certain, any relief…
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This week in ridiculous regulations: Energy labels and human food guidance
The Federal Reserve kept interest rates steady. Employment grew by 353,000 workers in January. The Energy Department partially backed off its proposed…
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The good and bad of Nippon Steel deal
There is good and bad in everything. This includes Nippon Steel’s planned buyup of US Steel, which politicians from both parties are criticizing. The good…
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CEI’s The Surge: Carbon tariffs, Natural Asset Companies, and weird emissions math
If you are interested in analysis and perspective on current energy and environmental issues, then we encourage you to subscribe to this new publication…
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Businesses ask courts if the NLRB is constitutional
The National Labor Relations Board has made a point in recent years of re-examining the laws and regulations that the federal agency enforces, offering up…
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Free the Economy podcast: Moving the rocks off the lawn with Andrew Langer
In this week’s episode we cover elite opinion versus the average American, the popularity of vocational training, why Millennials are suddenly investing…
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The full Scope of problems with the SEC’s climate disclosure rule
I have a paper out today, examining the Securities and Exchange Commission’s (SEC) proposed rule on mandatory climate disclosures. The SEC’s rule seeks…
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This week in ridiculous regulations: Burning trash and methane emissions
GDP grew at a healthy 3.3 percent in the fourth quarter of 2023. Regulators blocked an airline merger, and a carbon tariff moved…
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During government shutdowns, Lina Khan shuts down you
The Federal Trade Commission (FTC) updated its contingency plan for how it will operate if Congress fails to fund the government last week. Likely the…
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CFPB Data Breach Shows Danger of its Attempted Power Grab Over Fintech
My friend Patrick Brenner, president of regional free-market think tank the Southwest Public Policy Institute, recently had a great op-ed at FoxNews.com on data…
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Free the Economy Episode: Sensory Pleasures and Public Health with Michelle Minton
In this week’s episode we cover an environmentalist culture war, foreign investment in U.S. manufacturing, corporate diversity efforts, and the call…
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Vote on Capito amendment unmasks PROVE IT as carbon tax enabler
Last week, the Senate Environment and Public Works (EPW) Committee approved the PROVE IT Act (S. 1863) by a vote of 14 to 5.
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Crushed: The Weight of Heavy Regulation on Broadband
In the NFL, it’s a penalty for a defensive lineman sacking a quarterback to land on the quarterback with his full body weight. The NFL…
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The Ray Charles Theory of Marginal Utility
Musician Ray Charles’ nickname was “The Genius,” given on account of his ability to blend different genres of music – big band, rhythm and blues,…
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The Natural Asset Hydra
The New York Stock Exchange (NYSE) recently proposed a radical rule to amend its manual for listing public companies to include a new form…
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Use the Congressional Review Act to strike rules not reported to Congress and GAO
Significant attention is likely to turn to Joe Biden’s ambitious regulatory agenda before summertime. That’s because rules the administration finalizes “late”—during the last 60 in-session…
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Study Finds that Outlawing Work Reduces Employment
George Mason’s Mercatus Center has provided further proof that California’s AB5 law, which was intended to boost worker employment by preventing them from being misclassified…
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This week in ridiculous regulations: address labels and consumer reviews
Yet another federal shutdown crisis was averted, this time until March. The Senate Environment and Public Works Committee marked up the PROVE It Act,…
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Virginia Senate Democrats block repeal of EV mandate
Democrats on a Virginia state Senate committee voted down Republican attempts to roll back the state’s vehicle emissions law on Tuesday. The law, passed…
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Nuclear phaseouts strike again
While there has been some good news in the US recently on nuclear power issues, including a partial removal of the Illinois nuclear ban, the…
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Flight attendants try to decertify union that most never voted for
One of the underlying flaws with US labor law is that it sees workers and the unions that represent them as synonymous, rather than as…
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The threat to sound economics isn’t over
This week, the New York Stock Exchange withdrew its proposal to create a new designation for public companies called Natural Asset Companies, or NACs.
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Free the Economy podcast: The culture of economic freedom with Sam Gregg
In this week’s episode we cover the old-fashioned roots of ESG investing, the blocked merger of JetBlue and Spirit Airlines, the future…
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This week in ridiculous regulations: Independent contractors and emergency haddock action
Happy MLK-government snow shutdown days, everyone. There was more shutdown drama last week. The US launched strikes against the Houthis, one of three factions trying…
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Congressional Review Act vote shows cracks in joint employer rule
A vote in Congress Friday showed off the cracks in the support for the National Labor Relations Board’s new “joint employer” rule. It is…
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When the FTC’s anti-merger goals overshadow the prospect of saving lives
The Fifth Circuit Court of Appeals recently issued a ruling on the important case of Illumina-Grail v. Federal Trade Commission. A unanimous 3-0…
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Policy hurdles to natural gas delivery pose winter danger for Americans
The North American Electric Reliability Corporation (NERC) just released its 2023-24 Winter Reliability Assessment and it has concerning implications for the winter ahead. The report highlighted many…
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The FCC snares broadband in web of regulation
In the children’s book Walter’s Wonderful Web, a determined spider builds webs that are too “wibbly-wobbly” to withstand the wind but perseveres until he constructs…
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Free the Economy podcast: Against crony capitalism with Nick Sorrentino
In this week’s episode we cover emergency federal spending, workplace management trends for 2024, suppressing speech about public health, and defending…
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A promising 40th anniversary year for CEI
This year CEI celebrates 40 years of eliminating excessive regulation and unleashing human potential. To kick off our anniversary year, we unveiled a new logo…
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Appeals court rejects DOE’s attempt to eliminate fast dishwashers
The days of dishwashers with four-hour cleaning cycles may be coming to an end. The Fifth Circuit Court of Appeals repudiated the Biden administration’s…
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Congress could revoke many costly Biden admin rules with Congressional Review Act. Here’s a list!
Until April of 2023, a federal rule costing $100 million was considered “economically significant.” Joe Biden’s Executive Order 14094 (Modernizing Regulatory Review) raised that…
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Power to the… regulators? That’s what new worker classification rule will do
The US Labor Department’s new worker classification rule is a major step backwards, causing trouble for worker and employer alike as they try to…
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Don’t make crypto the electricity scapegoat
A radical new tax proposed by the Biden administration would make cryptocurrency mining the scapegoat for electricity usage. The so-called Digital Asset Mining Energy (DAME)…
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This week in ridiculous regulations: Auto dealers and automated tariffs
The first week of the new year’s regulations is in the books. Agencies issued new regulations ranging from junk fees to cable tv competition. On…
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Free the Economy podcast: Protecting your property rights with Betsy Sanz
In this week’s episode we cover slow-moving infrastructure projects, the impact of the conservative boycott of Bud Light, good and…
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Unconstitutionality Index going into 2024: 46 rules for every law
The Biden’s administration’s 3,018 rules and regulations of 2023 is fairly typical of agency output these days. But while rule counts remain relatively stable,…
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This week in ridiculous regulations: 2023 year-end special
The tentative final numbers for new regulations for 2023 are in: The final four-day week of 2023 was relatively slow: 60 final regulations, 34 proposed…
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Federal Register 2023 gives Congress 90,402 reasons to restrain the regulators
As we bid farewell to 2023 and ring in 2024, the Federal Register reveals a noteworthy chapter in regulatory history under the Joe Biden administration.
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Transparent New Year: SEC shows its work after CEI prodding
As we enter the New Year, it is important to reflect on what went well and not so well in 2023. We should do our…