FRACKING THE OIL AND GAS TRADE SECRETS OF THE MARCELLUS SHALE NATURAL GAS PLAY

Note Written By: Jeremy I. Maynard

While the federal government vacillates on its decision to regulate fracking, states largely remain the primary regulator of hydraulic fracturing activities within their borders.s Many of the Marcellus Shale states" including Kentucky, require disclosures for the permitting and disposal processes. Public disclosure of proprietary chemical formulas classified as a trade secret may result in abandoning trade secrecy protection. Because of the importance of intellectual property trade secrecy in the development of the fossil fuel economy, there is a juxtaposition of the environmental and health harms caused by fracking versus the promotion of the economy through protecting energy companies' intellectual property rights. Since there is no uniform federal regulation of fracking, different states have taken a variety of stances on the protectiveness of public health, the environment, and economic opportunism. Some oil and gas companies may be hesitant to frack in the most protective states, because regulations may result in abandoning their trade secrets. Therefore, states with less stringent regulations present more attractive economic opportunities to oil and gas companies seeking to frack.

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