Fracking in a World with Fiduciary Duties: A Suggestion for the Future

Big businesses are regulated by a variety of sources. Depending on the industry, influencers and regulators range from local municipalities to agencies of the federal government. This Comment seeks to analyze the In re Clovis Oncology, Inc. decision, and the clear message the majority opinion sends to directors and agents of corporations: one’s fiduciary duties are indispensable obligations, irrespective of the occupational field at issue. By applying the Clovis principles to fracking companies, this Comment will encourage proactive, dynamic, and bold directors to change their reporting requirements before a shift in societal interests and concerns could expose them to liability.