On March 26, OMB Watch, along with the Powder River Basin Resource Council, Wyoming Outdoor Council, and Earthworks, filed a petition requesting that the Wyoming Oil and Gas Conservation Commission (WOGCC) disclose information about chemicals used in hydraulic fracturing, also known as fracking. The case, now before Wyoming's Seventh District Court, could set the tone for future cases in the more than 10 states with chemical disclosure rules similar to Wyoming's.

In 2010, Wyoming became the first state to pass a law that requires disclosure of the chemicals used in hydraulic fracturing, following well-publicized instances of water contamination near well sites. Tests of drinking water near the town of Pavillion found dangerously high levels of the carcinogenic chemicals benzene and 2-bytoxyethanol, which may cause severe kidney damage. In December 2011, an investigation by the U.S. Environmental Protection Agency (EPA) determined that fracking could be the cause of groundwater pollution in Pavillion, WY.

Yet despite the risk of chemical contamination identified, the WOGCC announced in August 2011 that the identities of 146 chemicals submitted by 11 drilling companies had been granted trade secrets protections. At the time, the WOGCC had rejected just two requests for trade secrets protections. By having some information about their products deemed "proprietary business information" or a "trade secret," businesses can shield information about the ingredients in their products from the public. This is a way to keep critical information about possibly harmful chemicals out of the public's view and away from local regulatory agencies and impacted individuals and communities. Industry has been invoking trade secrets claims for decades.

With natural gas extraction and fracking expanding at a rapid rate, the trade secrets exemption is a tanker truck-sized loophole in state chemical disclosure laws being passed around the country (OMB Watch is finalizing a comprehensive report on this topic, due out soon). Residents need information about the chemicals used in fracking to understand the risks and trade-offs involved in natural gas drilling.

A fast, secure process is needed for evaluating and substantiating trade secrets claims that does not give undue influence to industry. Commercial claims should not supersede scientific evidence about public health risks.

"People in Wyoming and throughout the country have a right to accurate, complete, and detailed information about the chemicals that are being injected into the ground around their homes," said Katherine McFate, president of OMB Watch. "Citizens need complete information to assess the risks of allowing this kind of industrial activity near their communities, ranches, and fresh water supplies. Without clear information about the full range of chemicals used in hydraulic fracturing, neither public officials nor citizens will be able to have an informed discussion of the trade-offs their communities face."