Oversight of shale gas production in the United States and the disclosure of toxic substances

Abstract

With the encouragement of shale gas production in the United States, governments have considered a range of legislative and regulatory proposals to manage health and environmental damages that may accompany extraction activities. Exceptions adopted by Congress to major federal environmental legislation have meant that individual US states have deemed it necessary to provide oversight through regulations to protect people and safeguard environmental quality. In responding, states have legal structures under which drilling firms may not need to disclose the toxic substances used in fracturing wells. Yet, with increasing numbers of drilling sites, more people are at risk from accidents and exposure to harmful substances used at fractured wells. To provide for meaningful health and safety protection, governments may need to reevaluate legal provisions offering trade secret protection for toxic substances used in fracturing.