Sunday, March 24, 2013

U Idaho Law Fracking Symposium / Couture on Securities Regulation and Fracking

First, my last reminder that the University of Idaho College of Law’s symposium in Boise is next Friday, March 29, and will focus on the legal aspects of hydraulic fracturing.  Check out the schedule here

Most importantly for this group, the symposium will be streamed live for free beginning at 8:30 a.m. Mountain time.  We are also offering 5 CLEs for attorneys that view remotely for a modest $145 by registering here (non-Idaho attorneys will also have to submit written materials to their home jurisdiction bar for credit).  As faculty adviser for the symposium I have to say that I believe our students have put together a great collection of academics and practitioners working in this field, and I think it will prove to be an event of national significance. 

Second, a colleague of mine that specializes in securities regulation, Wendy Gerwick Couture (Idaho), recently posted a great article on securities disclosure requirements related to hydraulic fracturing.  Her article is entitled “Securities Regulation as Gap-Filler: The Example of Hydraulic Fracturing,” forthcoming in 41 Securities Regulation Law Journal __ (2013).  Here’s the 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.

It’s a great inter-disciplinary piece worth checking out!

Stephen R. Miller

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