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ARTICLE · 18 DECEMBER 2013

Potential Impact Of New California Fracking Disclosure Requirements

Reed Smith
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On November 15, 2013, the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR) released draft regulations affecting hydraulic fracturing activities within the state that some state officials are touting as the "toughest in the nation."

United StatesEnvironment
Todd Maiden
Todd Maiden
Marilyn Moberg
Marilyn Moberg
Michael Mandell
Michael Mandell
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On November 15, 2013, the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR) released draft regulations affecting hydraulic fracturing activities within the state that some state officials are touting as the "toughest in the nation." These proposed regulations include a public disclosure requirement of the chemicals used in "well stimulation activities" (including hydraulic fracturing and acid stimulation treatment).

Specifically, DOGGR's proposed regulations, based on California Senate Bill 4 (S.B. 4), require operators to post publically on the Chemical Disclosure Registry the trade name, supplier, and descriptions of the additives used in their fracking fluids within 60 days after an operation ends. In Wyoming, which enacted similar legislation in 2010, there has already been litigation regarding issues of trade secrets protection. Wyoming's regulation requires that the owner or operator of a well provide the Wyoming Oil

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