Trade Secrets and the Regulation of Hydraulic Fracturing: Toward a Global Perspective-Pt 2

摘要

This article continues the analysis (begun in the last issue of International Energy Law Review) of different national approaches to hydraulic fracturing. All of the state regulations reviewed offer some form of protection for trade secrets developed for use in hydraulic fracturing. That is hardly a surprise, for all states in the American union treat trade secrets as private property, and all states prevent the government from taking private property without payment of "just compensation". Some, of course, advocate public disclosure without protection for trade secrets, on the ground that the public has a superior right to know out of concern for public health.