Haynes and Boone's Newsroom
Texas Signs Fracking Disclosure Bill Into Law
Elizabeth E. Klingensmith
On June 17, 2011, Texas Governor Rick Perry signed the Disclosure of Composition of Hydraulic Fracturing Fluids Act H.B. 3328 into law. This legislation is the first in the nation to require public disclosure of the chemical composition of fracking fluids. The law requires disclosure of the type and rate of concentration of base fluids, additives, and chemical constituents used in fracking. Companies subject to the disclosure requirements can protect proprietary chemical formulas by seeking formal approval from the Texas Railroad Commission. Upon approval, such formulas will be protected from disclosure unless disclosure becomes necessary for medical treatment. Disclosed information will be posted on fracfocus.org, a public website. The law takes effect on September 1, 2011.
As published in the American Bar Association Section of Litigation, Energy Litigation News & Developments on June 24, 2011.