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Securities Regulation as Gap-Filler: The Example of Hydraulic Fracturing


Wendy Gerwick Couture


University of Idaho College of Law

March 18, 2013

Securities Regulation Law Journal, Vol. 41, p. 207, 2013.

Abstract:     
Hydraulic fracturing is a controversial well stimulation process used to maximize the extraction of underground resources like oil and gas. There has been a significant public and scholarly outcry for a federal regulatory response to hydraulic fracturing. Despite the perception of a slow federal regulatory response to hydraulic fracturing, one area of federal regulation has dealt extensively with hydraulic fracturing: securities regulation. In particular, public companies that are engaged in hydraulic fracturing operations must (1) make extensive periodic disclosures under Securities Exchange Act regulations; and (2) comply with the Exchange Act’s regulations regarding shareholder access to company proxy statements. After explaining how the securities laws regulate hydraulic fracturing, albeit indirectly, this Essay concludes with a broader discussion about the gap-filling role of securities regulation within the federal regulatory scheme.

Copyright 2013 by Thomson Reuters. All rights reserved. Reprinted by permission of Thomson Reuters/West from Securities Regulation Law Journal.

Number of Pages in PDF File: 12

Keywords: Securities Regulation, Disclosure, Proxy Access, Regulation, Natural Resources, Oil and Gas

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Date posted: March 19, 2013 ; Last revised: July 30, 2013

Suggested Citation

Couture, Wendy Gerwick, Securities Regulation as Gap-Filler: The Example of Hydraulic Fracturing (March 18, 2013). Securities Regulation Law Journal, Vol. 41, p. 207, 2013.. Available at SSRN: http://ssrn.com/abstract=2235370

Contact Information

Wendy Gerwick Couture (Contact Author)
University of Idaho College of Law ( email )
322 E. Front St.
Suite 590
Boise, ID 83702
United States
208-364-4547 (Phone)
HOME PAGE: http://www.uidaho.edu/law/faculty/wendycouture
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