Concerns About BLM’s Failure To Protect Trade Secrets Headline Rulemaking Comments

When the Bureau of Land Management ("BLM") issued its Supplemental Notice of Proposed Rulemaking related to hydraulic fracturing on federal lands on May 16, 2013, it believed that it had struck a balance between industry and environmental groups on how propriety/trade secret information in fluids used during the hydraulic fracturing process would be protected from public disclosure.  Based upon comments received on the proposed rule before the end of the comment period (August 23rd), it is clear that this will be a contentious issue if and when BLM moves forward with a final rule.

Both the original and revised proposed rule would require disclosure to BLM of chemicals used in the fracturing process after the fracturing process is complete.  The revised rule, however, provides additional protection for trade secrets by allowing operators to submit an affidavit that undisclosed information about chemicals in hydraulic fracturing fluid should be exempt from