Chris Boling


In the last five years, the oil and gas industry has dramatically changed due to a process known as hydraulic fracturing. When used in conjunction with horizontal drilling, hydraulic fracturing has made it economically feasible to access vast domestic reserves of natural gas. Recently, hydraulic fracturing has come to the forefront of media and political debate. Environmental groups, investigative journalists, and even filmmakers have engendered public scrutiny of both the negative environmental effects of hydraulic fracturing operations and the perceived deficiencies in regulatory oversight of the practice. One of the most controversial issues surrounding hydraulic fracturing is the extent to which the composition of fluids used in hydraulic fracturing treatments should be disclosed. In the past two years, state legislators and regulators have worked diligently to enact new laws and regulations governing disclosure of hydraulic fracturing fluids in response to this issue. This Note addresses the current controversy surrounding the disclosure of hydraulic fracturing fluids and critiques how some states have responded. Further, this Note proposes a “model” regulation that strikes a balance between environmental concerns and industry needs while incorporating the favorable aspects of current state regulations.