Vol 1.   – Disclosure

Although the oil and gas industry has been hydraulically fracturing wells for decades, recent recoveries of natural gas and oil from shale plays has sparked an exponential expansion in the frequency and geography (i.e., extent) of these wells.   As fracking operations have expanded in number  and to states and regions unaccustomed to oil and gas operations, state and municipal governments have taken aggressive steps to regulate hydraulic fracturing and the operations/processes incidental to hydraulic fracturing.  Oil and gas operators and others have great interest in staying abreast of the myriad state and municipal regulations that impact their operations.  Because it is difficult to keep track of statutory and regulatory developments across an expanding number of jurisdictions, Fracking Insider will endeavor to provide weekly high-level updates of important state regulatory and legal milestones.

To that end, we call your attention to a very helpful Summary of Chemical Disclosure Laws published by the Congressional Research Service (CRS) last week.   The Report explains how states, as well as BLM and the FRAC Act, treat the disclosure of the components of frack fluid.   The common issues that each jurisdiction grapples with include: (1) who must disclose and to whom; (2) what must be disclosed; (3) how do you disclose (i.e., on fracfocus, to state permitting authority, etc.); (4) when do you disclose; and, (5) how are trade secrets protected. 

Appendix B of the report provides a very helpful chart that briefly explains how each of the 15 states that require disclosure (and BLM and the FRAC Act) approach these common issues.  We hope you find it useful.