Mixology 101: Blending Trade Secret Protections and Fracking Chemical Reporting

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Whether you live in the East, the Great Plains, the Southwest, or the Rocky Mountain West, the oil and gas industry’s use of hydraulic fracturing or “fracking” in oil and gas development is something you have likely heard a lot about lately. From New York’s statewide fracking ban to potential political battles in Colorado over proposed ballot initiatives vesting local governments with plenary authority to regulate natural resource development, the industry’s increasing use of this decades-old technique to extract oil and gas within the context of recent advances in horizontal drilling technology has started an energy revolution, and simultaneously engendered a vigorous debate over the perceived mutual exclusivity of energy production and environmental protection.

In the absence of comprehensive federal rules governing the disclosure of the various chemical components of the fluid mixtures used by oil and gas companies in the fracking process, state regulatory agencies have crafted disclosure requirements aimed at promoting the dissemination of well-specific information to the public, while simultaneously protecting the regulated companies’ interests in protecting their proprietary fracking fluid blends. This task has proven to be more challenging than it might seem at first blush.

Originally published in Natural Resources & Environment Volume 29, Number 4 - Spring 2015.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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