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ARTICLE · 06 AUGUST 2015

Secret Recipes: Fracking Fluid Fracas

Several of our previous posts have covered the trade secrets implications of laws that require disclosure of hydraulic fracturing fluid ingredients.

United StatesIntellectual Property

Several of our previous posts have covered the trade secrets implications of laws that require disclosure of hydraulic fracturing fluid ingredients. As today's method of hydraulic fracturing combined with horizontal drilling in shale formations rose to prominence in recent years, so too did the public's concern over chemicals contained within fracturing fluid. Even before the existence of state mandatory disclosure laws, like the one enacted in Wyoming in 2010, there was a fair amount of general information publicly available about the composition of hydraulic fracturing fluid. However, much information remains confidential as trade secrets.

But what exactly is hydraulic fracturing fluid anyway? The hydraulic fracturing fluid used today consists of three types of ingredients: a "base fluid" (usually water), small solid particles (often sand) called "proppants," and a cocktail of various chemical additives that help to make a fracture more successful and more

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