Wyoming was first in the nation with requiring oilfield service
companies to submit the ingredients in fracking fluids to a
governmental agency – the Wyoming Oil and Gas Conservation
Commission (Commission). In the interest of promoting continued
improvements and research into the fluids, and reflecting the
millions of dollars spent in research and development of the
fluids, however, the law provided that upon request of the company,
and the receipt of appropriate substantiating information, the
identify of ingredients would be kept confidential.
In November 2011, the Powder River Basin Resource Council,
Wyoming Outdoor Council, Earthworks and Center for Effective
Government (Petitioners) made public record requests for
ingredients that had been given confidential treatment by the
Commission. Those requests were denied, and the Commission's
decision was appealed to the Seventh Judicial District Court in
Natrona County Wyoming. The District Court upheld
