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

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

12 Pages Posted: 19 Mar 2013 Last revised: 30 Jul 2013

Wendy Gerwick Couture

University of Idaho College of Law

Date Written: March 18, 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.

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

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: https://ssrn.com/abstract=2235370

Wendy Gerwick Couture (Contact Author)

University of Idaho College of Law ( email )

PO Box 83720
Boise, ID 83720-0051
United States
208-364-4547 (Phone)

HOME PAGE: http://www.uidaho.edu/law/people/faculty/wgcouture

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