Category Archives: Chemical Disclosure

BLM Promulgates Regulations and A Lawsuit Is Filed

Bureau_Land_Mgmt[1]The Department of the Interior Bureau of Land Management has released federal regulations regarding hydraulic fracturing on federal lands.  Here are some of the highlights of the regulations, which go into effect in approximately 60 days:

  • Chemical Disclosure Requirements:   Within 30 days of completed operations, companies are required to disclose the additives used for frac fluids.  Companies are to use FracFocus as the vehicle for those disclosures.  If the additives contain trade secrets and therefore they should not to be disclosed, a process, including

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Pennsylvania Doctor’s Attack on “Medical Gag Rule” Dismissed

On Monday, a Federal District Court granted motions dismissing Dr. Alfonso Rodriguez’ lawsuit as against the Pennsylvania Department of Environmental Protection and Attorney General on the grounds that Dr. Rodriguez lacks standing to sue. Dr. Rodriguez’ lawsuit challenged the constitutionality of, what he called, the Medical Gag Rules of Pennsylvania’s Act 13.  The Medical Gag Rules provide that under certain circumstances, including when the information is necessary for diagnosis or treatment, doctors may request that fracking companies identify chemicals used in the procedure that are…

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This Week’s Top Fracking Related Legal News

  • 136000087456h8zNorth Carolina Governor signs a bill into law lifting the 2012 moratorium on fracking and paving the way for new permits to be issued as soon as next Spring.  This comes just two weeks after the North Carolina legislature introduced a bill which would impose criminal penalties to those persons that publicly disclose fracking chemicals that are deemed trade secrets. 
  • New York’s highest court hears oral arguments in two cases concerning whether towns can use zoning regulations to ban fracking.
  • Rural Nevada county files administrative

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Potential Criminal Penalties for Disclosure of Fracking Fluid Trade Secrets

Unknown-1The North Carolina legislature has introduced  a bill that, among other things, would impose criminal penaties to those persons that publicly disclose fracking chemicals that are deemed trade secrets.   There are numerous exceptions to the bill, such as allowing doctors and first responders to obtain such trade secret information during emergencies.    In most jurisdictions that permit and regulate hydraulic fracturing, a number of chemical ingredients are recognized as industry trade secrets exempt from public disclosure.   North Carolina’s proposed law is among the most progressive in…

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This Week’s Top Legal Related Fracking News

  • 136000087456h8zColorado public finances bolstered by oil and gas taxes and fees (Denver Post)
  • Santa Cruz County bans fracking (Reuters)
  • North Carolina Senate passes fracking laws, sending to the house (Fayotville Observer)
  • EPA initates public rulemaking on chemical fluid reporting (National Law Review)
  • New York senator introduces bill seeking to ban wastewater from being transproted into the state.  (Think Progress)
  • Pennsylvania rabbit breeder sues energy company over low flying helicopters.  (Allentown Morning News)

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