Matthew Kluchenek & Jacob Kahn: Dodd-Frank Act amendeded section 4c(a) of the CEA to add three types of prohibited transactions deemed to be “disruptive of fair and equitable trading.” Market participants in the ever-growing commodities and swaps markets should not take comfort in the CFTC’s delay in filing suit.
David S. Miller: On January 24, the Chairman of the House Ways and Means Committee, released the discussion draft of a bill that would tax derivatives under a mark-to-market system of taxation. This proposal would replace our entire federal system of taxing derivatives with a radically different but infinitely simpler model that would finally correspond to economic reality.
Saule T. Omarova: This article outlines the contours of a regulatory scheme based on mandatory pre-market government licensing of complex financial instruments, including derivatives. This model of product approval regulation explicitly aims to control the amount and types of risk being introduced into the financial system.
Hannah J. Wiseman: Public concerns have often focused on the chemicals used in the fracturing process, yet federal regulations requiring disclosure of chemicals are weak. Industry—along with state regulators—developed a website that enabled chemical disclosure…
William Bumpers & Paulina Williams: On August 7, 2012, the Sixth Circuit issued an opinion that has significant Clean Air Act regulatory implications for oil and gas development projects…
Mark R. Haskell & Levi McAllister: Shale gas has the potential to create new producing regions, but it requires the creation of new infrastructure or the redesign and redeployment of existing infrastructure…
