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PODCAST: Court Limits EPA’s Ability to Delay Clean Air Act Regulation Without Rulemaking — C&M's Trump: The First Year Series

Client Alert | 1 min read | 07.06.17

In the latest podcast for Crowell & Moring’s “Trump: The First Year” series, Dan Wolff and Tom Lorenzen, both litigation partners in the firm’s Environment & Natural Resources Group and Administrative Law & Regulatory Practice, discuss the implications of a July 3 D.C. Circuit ruling invalidating EPA's 90-day administrative stay of the current oil and gas methane rule.

 Discussed in this 21-minute podcast: 

  • An overview of the Clean Air Council v. Pruitt decision.
  • The possible impacts of this decision on the administration’s stated goal of "deconstructing the administrative state."
  • Other possible mechanisms for halting rules in the short term without going through notice-and-comment rulemaking.
  • The practical implications of this ruling, and key takeaways for businesses.

Click below to listen or access from one of these links:
PodBean | SoundCloud | iTunes

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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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