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EPA's Coal Ash Rule Effective Today

Client Alert | 1 min read | 10.19.15

Today marks the effective date for EPA's rule governing the disposal of coal combustion residuals ("CCR," also known as "coal ash") generated as a by-product of coal-fired electricity generation. Under Subtitle D of the Resource Conservation and Recovery Act, the CCR Rule for the first time places enforcement authority primarily in the hands of citizens, who may access compliance information online in accordance with EPA's Next Generation (NextGen) compliance initiative. Although many of the Rule's requirements have future compliance deadlines, today owners or operators of CCR landfills and surface impoundments must finalize their fugitive dust control plans, begin weekly inspections, initiate monthly monitoring of surface impoundment instruments, conduct required recordkeeping, provide required notifications to state or tribal authorities, and establish their publicly accessible websites in accordance with 40 C.F.R. §§ 257.80, 257.83, 257.84, and 257.05-257.07.

Corporate counsel who wish to learn more about the CCR Rule and its enforcement and litigation risks can review our "10 Key Points" on the Rule by clicking here.

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Client Alert | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....

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