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In 2010, Wyoming became the first state to require oil and gas companies to disclose the chemicals used in hydraulic fracturing operations. However, the application of trade secret exemptions became contentious and eventually the issue reached the Wyoming Supreme Court in the case of Powder River Basin Resource Counsel et. al v. Wyoming Oil and Gas Conservation Commission and Halliburton Energy Services, Inc., 2014 WY 37 (Wyo. 2014).
This week, a groundbreaking legal settlement reportedly has been reached in the case pending before Judge Catherine Wilking involving Halliburton Energy Services, Inc., the Wyoming Oil and Gas Conservation Commission ("WOGCC") and environmental groups (including the Powder River Basin Resource Counsel, Wyoming Outdoor Council, Earthworks and the Center for Effective Government).
Specifically, the Stipulated Settlement Agreement requires:
- The WOGCC to implement new procedures by adopting a form and applying certain guidelines (attached to the Stipulated Settlement Agreement as exhibits) concerning applications for the provision of confidentiality protection; and
- Following the adoption of the form and guidelines, the WOGCC is required to notify the owners, operators and/or service companies to resubmit their requests for confidentiality protection to conform with the new form and guidelines.
The timeline for implementation is very quick – the WOGCC is to adopt and apply the form and guidelines within 7 days of the effective date of the Stipulated Settlement Agreement and 7 days thereafter, the WOGCC will notify parties that they are required to resubmit their requests for confidentiality protection. Companies are given 90 days to resubmit applications for their chemicals.
Wyoming Governor Matt Mead said the state would continue to work toward the goal of balancing environmental protection with energy development in light of the settlement – "Wyoming will implement these guidelines, and it will allow public access to important information and where appropriate, will protect trade secrets."
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