In Fracking Trade Secrets Battle, a Rare Compromise

The formula for what’s injected during the fracking process varies from company to company, and in a competitive industry with tight margins it’s often a closely guarded secret. But regulators and environmental watchdogs want to know what these chemicals are, given their effects are not fully understood, and in some cases they show up in water supplies. A bill under consideration in Montana (its passage appeared imminent as of his posting in the Orrick Trade Secrets Blog) apparently manages to satisfy both sides, well enough anyway. An influential trade group that had balked at earlier bills has passed on this one, as have all but one of the environmental groups that have weighed in, and even that one says it’s opposition is “reluctant.” Two provisions in particular are key to the compromise.