Category Archives: regulation

New President, Same Bad Policies

The Trump administration’s trade war gave economics teachers countless real-world examples of bad policy they can use in the classroom. A new open letter encourages President Biden to provide a similar service by becoming the “climate president.” Signees include prominent business leaders and activists such as Jeff Bezos, Leonardo DiCaprio, and Bill Ford.

Here are a few basic lessons of economics and politics they should have considered before signing on:

  • Green policies are Trump’s trade war in fancier packaging. This is an important, but overlooked, theme in the new administration. The climate doesn’t care if new technologies or business models come from America, Europe, Asia, or Africa. But politicians and their donors sure do. This is why President Biden is continuing President Trump’s “Buy American” policies. The main difference is that Biden is adding a green label to the nationalist branding. Businesses see climate legislation as a weapon against foreign competitors, the same as Trump’s tariffs. Politicians see ways to do favors for these companies, harm enemies, and appeal to voters’ patriotism, all at the same time. But this would raise consumer prices and leave supply networks less resilient—not a good idea during a pandemic and amidst a still-reeling economy.
  • Rent-seeking is a thing. Rent-seeking is the technical term for getting special favors from government. Political connections are often less risky and more profitable than gambling on a new technology. Solyndra was not an isolated incident. When Washington puts millions of dollars up for grabs, many companies will compete in Washington rather than in the marketplace. This leaves fewer resources available for developing new technologies. It also shifts priorities toward what Washington wants, rather than what might actually work.
  • Policy is made by the government we have, not the government we want. It is naïve to believe that Congress, with people like Mitch McConnell and Josh Hawley on one side, and Charles Schumer and Nancy Pelosi on the other, would actually pass climate legislation with the public interest as their top priority. That’s not the way real-world politics works. They’re going to jam in climate-unrelated pork and special interest giveaways. They will lock in today’s technologies so innovators who are less politically connected don’t displace them, as nearly happened with CFL light bulbs and LEDs. In Washington, even the best-meaning policies—especially the best-meaning policies—will not pass in anything resembling their intended form.
  • Green jobs aren’t new jobs on net. They replace other jobs. Putting a million dollars into one project means taking away a million dollars from somewhere else, as Frédéric Bastiat’s broken window parable points out. Calling a project green does not change this. Some green projects are worthwhile. Some are not. But Congress and the president are in a poor position to be able to determine which ones are which—not all the way from Washington, and not without prices and supply and demand giving them feedback. Nor do legislators have any incentive to listen to these signals, with 2022 and 2024 election preparations already underway.
  • There are better ways to address the issue. Even without a carbon tax and a Green New Deal, pre-COVID carbon emissions in the U.S. had been declining for several years. This is because entrepreneurs, wherever they are allowed to, are figuring out how to do more with less. New farming technologies are reducing the need for farmland, leaving more left over for wildlife. Smartphones and tablets are replacing music players, paper maps, VCRs, cameras, newspapers, compasses, metronomes, and more. This dematerialization is reducing demand for metals, plastics, paper, and other resource-intensive materials. As a result, the economy has already passed “peak stuff” for many resources, as Andrew McAfee points out in his recent book More from Less. As CEI founder Fred Smith likes to say, you don’t have to teach grass to grow, but you do have to take the rocks off of it. Congress and President Biden will achieve more of their environmental goals by removing regulatory rocks than with top-down planning, taxes, and subsidies.

The open letter signers’ hearts are in the right place. But no president can do what they ask. Our political structures cannot deliver those things. The letters’ signees would be better off putting their talents and resources to use exploring bottom-up solutions than in a top-down political system that is structurally unable to deliver on its promises. Bottom-up processes are messy, and filled with trial, error, and failures. They also don’t look as good at press conferences. As we’ve already seen with America’s declining carbon emissions and dematerialization, it works. But it will only continue if Washington lets it.

This Week in Ridiculous Regulations

President Biden was inaugurated on Wednesday. With the usual end-of-administration midnight rush now over, things will likely slow down. It takes time for new appointees to settle into their new jobs and begin to implement their agendas. A new administration’s first year is typically its slowest in terms of rule and page counts. Its final year is typically its most active, especially when there is a party change. Agencies issued new rules, ranging from Buy American to the Domestic Hemp Production Program.

On to the data:

  • Agencies issued 46 final regulations last week, after 118 the previous week.
  • That’s the equivalent of a new regulation every three hours and 40 minutes.
  • With 212 final regulations so far in 2021, agencies are on pace to issue 4,077 final regulations this year. This number will likely go down as the year goes on since the new administration’s appointees need time to settle in and begin implementing their rules. 2020’s total was 3,353 final regulations.
  • Agencies issued 27 proposed regulations in the Federal Register last week, after 50 the previous week.
  • With 106 proposed regulations so far in 2021, agencies are on pace to issue 2,038 proposed regulations this year. 2020’s total was 2,149 proposed regulations.
  • Agencies published 312 notices last week, after 558 notices the previous week.
  • With 1,273 notices so far in 2021, agencies are on pace to issue 24,481 notices this year. 2020’s total was 22,480.
  • Last week, 1,949 new pages were added to the Federal Register in a three-day week, after 3.135 pages the previous week.
  • With 6,823 pages so far, the 2021 Federal Register is on pace for 131,212 pages in 2021—again, this number will likely go down as the year goes on. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. There are two such rules so far in 2021. Agencies published five economically significant rules in 2020, and four in 2019.
  • The running cost tally for 2021’s economically significant rules ranges from net savings of $100.7 million to net costs of $362.5 million. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
  • Agencies have published seven final rules meeting the broader definition of “significant” in 2020, with four in the last week. This is on pace for 135 significant rules in 2021. 2020’s total was 79 significant final rules.
  • In 2021, 11 new rules affect small businesses. Two are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

This Week in Ridiculous Regulations

Happy MLK Day, everyone. The Trump administration’s final full week was an eventful one. The president was impeached for a second time. The usual end-of-administration midnight rush resulted in 118 new regulations and 3,135 Federal Register pages. These are both roughly double the usual pace. The Trump administration’s final Federal Register will be published on Wednesday. Agencies issued new rules, ranging from airplane baggage to pecan promotion.

On to the data:

  • Agencies issued 118 final regulations last week, after 52 the previous week.
  • That’s the equivalent of a new regulation every one hour and 25 minutes.
  • With 170 final regulations so far in 2021, agencies are on pace to issue 4,250 final regulations this year. 2020’s total was 3,353 final regulations.
  • Agencies issued 50 proposed regulations in the Federal Register last week, after 24 the previous week.
  • With 74 proposed regulations so far in 2021, agencies are on pace to issue 1,850 proposed regulations this year. 2020’s total was 2,149 proposed regulations.
  • Agencies published 558 notices last week, after 403 notices the previous week.
  • With 961 notices so far in 2021, agencies are on pace to issue 24,025 notices this year. 2020’s total was 22,480.
  • Last week, 3,135 new pages were added to the Federal Register in a three-day week, after 1,733 pages the previous week.
  • With 4,873 pages so far, the 2021 Federal Register is on pace for119,575 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. There are two such rules so far in 2021. Agencies published five economically significant rules in 2020, and four in 2019.
  • The running cost tally for 2021’s economically significant rules ranges from $80.3 million to $293.5 million. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
  • Agencies have published five final rules meeting the broader definition of “significant” in 2020, with three in the last week. 2020’s total was 79 significant final rules.
  • In 2021, seven new rules affect small businesses. One is classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

This Week in Ridiculous Regulations

After last week’s insurrection at the Capitol, the outgoing president, several elected officials, and their supporters have some soul-searching to do. Meanwhile, agencies continued to issue new rules, ranging from showerheads to motorcycle brakes.

On to the data:

  • In the first week of the year, agencies issued 49 final regulations.
  • That’s the equivalent of a new regulation every three hours and 26 minutes.
  • It’s a bit early for annual projections, especially with a new administration coming in on January 20, but so far, we’re on pace for 1,225 final regulations for all of 2021. 2020’s total was 3,353 final regulations.
  • There were 21 proposed regulations in the Federal Register last week. With the same caveat, that’s on pace for 525 proposed regulations for the full year. 2020’s total was 2,149 proposed regulations.
  • Last week, agencies published 403 notices, for a total of 10,75 in 2021. 2020’s total was 22,480.
  • Last week, 1,733 new pages were added to the Federal Register in a three-day week, after 3,150 pages the previous week.
  • The 2020 Federal Register totals 1,733 pages, on pace for 43,325 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. There are no such rules so far in 2021. Agencies published five economically significant rules in 2020, and four in 2019.
  • There is no cost data yet for 2021’s economically significant rules, since there have not yet been any. The running cost tally for 2020’s economically significant regulations ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published two final rules meeting the broader definition of “significant” in 2020. 2020’s total was 79 significant final rules.
  • In 2021, one new rule affects small businesses. It is not classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

This Week in Ridiculous Regulations

Happy new year, everyone. We made it. 2020 was rough, but as I argued last week, it was not the worst year ever. 2020 was also the rare year where the work week and the calendar year both ended on the same day, which makes this week’s regulation roundup a lot easier. For the some of the year-long totals, see my earlier post and Wayne Crews’s Forbes article. This post will concentrate on week-long totals. Regulatory agencies issued new regulations ranging from pale cyst nematodes to tipping.

On to the data:

  • Last week, 58 new final regulations were published in the Federal Register in a four-day week, after 53 the previous (three-day) week.
  • That’s the equivalent of a new regulation every two hours and 54 minutes.
  • Federal agencies  issued 3,353 final regulations in 2020. 2019’s total was 2,964 regulations.
  • There were 20 proposed regulations in the Federal Register last week, for a total of 2,149 on the year. 2019’s total was 2,158 proposed regulations.
  • Last week, agencies published 386 notices, for a total of 22,480 in 2020. 2019’s total was 21,804.
  • Last week, 3,150 new pages were added to the Federal Register in a three-day week, after 1,326 pages the previous week.
  • The 2020 Federal Register totals 87,352 pages, the second-highest of all-time and the largest from a Republican president. The 2019 total was 70,938 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Agencies published five such rules in 2020, and four in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $2.04 billion and $5.69 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies published 79 final rules meeting the broader definition of “significant” in 2020. 2019’s total was 66 significant final rules.
  • In 2020, 668 new rules affect small businesses; 26 of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, 22 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Regulation in 2020: Some Quick Numbers

The 251st and final issue of the 2020 Federal Register was released this morning. Here are some of the initial findings:

  • Federal agencies issued 3,353 final regulations in 2020. This is up from 2,964 regulations in 2019, or an 11 percent increase.
  • This was the second-highest total of Trump’s presidency, just behind 2018’s total of 3,368.
  • Since 1993, federal agencies have issued 111,065 final regulations.
  • Since 1975, federal agencies have issued 208,155 final regulations.
  • Although the Trump administration claims to have eliminated more than 600 regulations during 2020 as part of an effort to get rid of #NeverNeeded regulations harming the COVID-19 response, few of these went through the proper rulemaking process. This means they were not recorded in the Federal Register. My colleague Alex Reinauer tallied fewer than 60 rules properly removed as of October.
  • That said, removed rules still count as new rules in the Federal Register’s accounting rules. So this year’s rule and page counts capture a modest amount of deregulation, as well as new regulation.
  • Some of President Trump’s most significant increases in regulatory burdens will not show up in The Code of Federal Regulations or the Federal Register. These include its doubling of tariffs, its immigration restrictions, its threats to regulate political speech, and its antitrust investigations and lawsuits against tech companies, each of which could have billions of dollars of economic impact.
  • Compare this to the $100 million threshold for a regulation to count as “economically significant.”
  • While only five economically significant rules appeared in the 2020 Federal Register, the Trump administration is clearly imposing economically significant regulatory costs through other means.
  • 2020’s unadjusted page count is 87,351 pages. This number will later be adjusted to subtract skipped and blank pages—usually a little less than a thousand pages in recent years. This is the second-longest edition in the Federal Register’s 85-year history, and the largest ever from a Republican administration by a mile—literally.
  • The previous GOP record was 80,700 pages in 2008, George W. Bush’s final year in office. With standard paper size of 11.5 inches in height, President Trump’s final Federal Register is 1.2 miles longer than President Bush’s.
  • The 87,352-page Federal Register would stack more than 7 feet, 3 inches tall. This is two inches taller than NBA great Shaquille O’Neal.
  • Federal agencies issued 22,480 notices in 2020. These are often as innocuous as announcements of upcoming hearings or address changes. But agencies have also used notices to enact significant policy changes without putting them through the required notice-and-comment rulemaking process.
  • One of the Trump administration’s biggest positive regulatory contributions is an executive order directing agencies to be more transparent about their use of guidance documents and prevent their abuse. CEI’s Wayne Crews had spent years promoting this reform. As a result, most federal agencies issued rules in 2020 implementing new guidance document processes.

Wayne Crews and I will have more say about regulation in 2020 soon.

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter. See also neverneeded.cei.org for reform ideas. My article on why 2020, though difficult, was not the worst year ever, is here.

This Week in Ridiculous Regulations

Last week’s drama over the combined COVID-19 spending bill and omnibus budget bill ran over into Christmas, spoiling a three-day work week in Washington. In happier news, the COVID-19 vaccine had already reached a million people by Christmas Eve. This is a major accomplishment, considering the disease has existed for barely a year. Regulatory agencies issued new regulations ranging from fighter jets to non-small businesses.

On to the data:

  • Last week, 53 new final regulations were published in the Federal Register in a three-day week, after 85 the previous week.
  • That’s the equivalent of a new regulation every three hours and 10 minutes.
  • Federal agencies have issued 3,295 final regulations in 2020. At that pace, there will be 3,348 new final regulations. Last year’s total was 2,964 regulations.
  • There were 26 proposed regulations in the Federal Register last week, for a total of 2,124 on the year. At that pace, there will be 2,158 new proposed regulations in 2020. Last year’s total was also 2,158 proposed regulations.
  • Last week, agencies published 361 notices, for a total of 22,094 in 2020. At that pace, there will be 22,452 new notices this year. Last year’s total was 21,804.
  • Last week, 1,326 new pages were added to the Federal Register in a three-day week, after 2,288 pages the previous week.
  • The 2020 Federal Register totals 84,198 pages. It is on pace for 85,562 pages. The 2019 total was 70,938 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Five such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $2.04 billion and $5.69 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 78 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 657 new rules affect small businesses; 26 of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

This Week in Ridiculous Regulations

COVID vaccine rollout has started. While immunizing millions of people will take several months, it looks like the worst is almost past. For scientists to come up with a vaccine for a brand-new disease in about one year is an achievement without precedent in human history. Public policy lessons abound about the need for openness and cooperation, letting innovation happen, speeding up regulatory approvals, and cleaning out #NeverNeeded regulations. President Trump’s final Federal Register, at 82,254 pages and counting, is already the longest ever issued by a Republican president, with two weeks left in the year. Regulatory agencies issued new regulations ranging from showerheads to steroids.

On to the data:

  • Last week, 85 new final regulations were published in the Federal Register, after 67 the previous week.
  • That’s the equivalent of a new regulation every one hour and 59 minutes.
  • Federal agencies have issued 3,242 final regulations in 2020. At that pace, there will be 3,335 new final regulations. Last year’s total was 2,964 regulations.
  • There were 43 proposed regulations in the Federal Register last week, for a total of 2,098 on the year. At that pace, there will be 2,158 new proposed regulations in 2020. Last year’s total was also 2,158 proposed regulations.
  • Last week, agencies published 473 notices, for a total of 21,733 in 2020. At that pace, there will be 22,356 new notices this year. Last year’s total was 21,804.
  • Last week, 2,288 new pages were added to the Federal Register, after 1,881 pages the previous week.
  • The 2020 Federal Register totals 82,524 pages. It is on pace for 84,892 pages. The 2019 total was 70,938 pages. The all-time record adjusted page count (which subtracts skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. Five such rules have been published this year. Four such rules were published in 2019.
  • The running cost tally for 2020’s economically significant regulations ranges from net savings of between $2.04 billion and $5.69 billion. 2019’s total ranges from net savings of $350 million to $650 million, mostly from estimated savings on federal spending. The exact number depends on discount rates and other assumptions.
  • Agencies have published 76 final rules meeting the broader definition of “significant” so far this year. 2019’s total was 66 significant final rules.
  • So far in 2020, 645 new rules affect small businesses; 26 of them are classified as significant. 2019’s totals were 501 rules affecting small businesses, with 22 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

To-Do List for 2021: Just Get Rid of AB5

It isn’t just Washington that gets a fresh start in January. California gets one, too. One of the top items on the Golden State’s policy agenda should be getting rid of what’s left of Assembly Bill 5, the controversial gig-worker law. As I argue this morning in several California newspapers, including the Orange County Register:

California’s unemployment rate is at 9.3 percent, compared to 6.7 percent nationally. California voters helped by passing Proposition 22 in November, which exempts app-based rideshare and delivery companies like Uber, Lyft, and DoorDash from California’s Assembly Bill 5 “gig work” law. This comes months after the state legislature passed an “oops” bill to exempt thousands of other workers that AB5 accidentally threw out of work, from journalists to musicians. Now that AB5 no longer applies even to its primary ridesharing targets, the legislature should just get rid of AB5 altogether. Meanwhile, the rest of the country should learn from California’s experiment.

Read the whole piece here. For more on AB5, see other pieces by Ryan RadiaSean Higgins, and me.

Recent Media Appearances

In early November, I was invited on Bob Zadek’s show for a thoughtful hour-long conversation on antitrust law. Audio and an AI-generated transcript are here.

In late October, I was on Jim Blasingame’s Small Business Advocates radio show, also to talk about antitrust.

Earlier this week, I spoke to One News Now’s Chris Woodward about regulations.