Regulatory Dark Matter

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Jun 18, 2007
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What is “Regulatory Dark Matter”?, The little known way government creeps into every corner of life

Some people might be surprised to learn that much government regulation isn’t really dictated by laws passed by Congress, or even by “rules” from agencies, but by “guidances” declared by agencies on the fly. In effect even a blog post written on a Tuesday afternoon may be enough to drive policy.
Few people know about the invisible gravitational pull which slows commerce, which burdens everyday citizens, and insulates incumbent stakeholders. They don’t know about regulatory dark matter. But more people should. It impacts our lives every single day.


Congress passes and the president signs a few dozen laws every year. Meanwhile, federal departments and agencies issue well over 3,000 rules and regulations of varying significance. A weekday never passes without new regulation. Beyond those rules, however, we lack a clear grasp on the amount and cost of the many thousands of executive branch and federal agency proclamations and issuances, including memos, guidance documents, bulletins, circulars, and announcements with practical regulatory effect. There are hundreds of “significant” agency guidance documents now in effect, plus thousands of other such documents that are subject to little scrutiny or democratic accountability.


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What is “Regulatory Dark Matter”?, The little known way government creeps into every corner of life | AgainstCronyCapitalism.org

https://cei.org/content/mapping-washington’s-lawlessness