Parker Waichman LLP

Despite Progress, Fracking Disclosure Still Falling Short

It would seem that efforts to require natural gas drillers to disclose the make-up of fluids they use in hydraulic fracturing are gaining momentum. Just last week, the Governor of Texas signed a bill that will require companies to make public the chemicals they use in fracking. An according to a report in The Wall […]

It would seem that efforts to require natural gas drillers to disclose the make-up of fluids they use in hydraulic fracturing are gaining momentum. Just last week, the Governor of Texas signed a bill that will require companies to make public the chemicals they use in fracking. An according to a report in The Wall Street Journal, even the industry appears to be warming to the idea of fracking disclosure.

Many environmental groups, however, see current disclosure efforts as half measures that still don’t go far enough to protect public health and the environment. They continue to call for legislation that would subject fracking to federal regulation.

In hydraulic fracturing, fracking fluids are injected into the ground at high pressure to shake loose gas and oil deposits. Because of a loophole in the federal Safe Drinking Water Act, energy companies are not required to disclose the chemicals used in the fluids. Studies have shown that fracking fluids often contain some hazardous chemicals, including the carcinogen, benzene, and diesel. Opponents of fracking are concerned that this type of natural gas drilling could lead to pollution of vital drinking water sources, either through the release of naturally-occurring hazardous substances such as arsenic, mercury, heavy metals, and radioactive materials from underground, or as a result of spills or leaks involving fracking fluid or fracking wastewater. They have long pushed for national regulations, among other things, that would require frackers to publicly disclose the chemicals used in their fracking fluids.

According to The Wall Street Journal, the signing of the Texas fracking disclosure bill is a significant development because the state is extremely friendly to drillers, and the natural gas industry wields a lot of political clout. Several other states, including Pennsylvania and Wyoming, also now require drillers to disclose the make-up of fracking fluids. And according to the Journal, the industry – which once opposed disclosure, claiming the make-up of fluids was a trade secret – claims to have “seen the light.” Not only did the industry actively support the Texas legislation, but some companies are starting to provide voluntary disclosure on a new website called Fracfocus.org.

The new Texas law requires that drillers in that state also list most chemicals – but not all -on Fracfocus.org. Those that aren’t listed will be disclosed through a separate process. And according to the Journal, drillers may ask for some chemicals to be withheld as trade secrets.

Those types of provisions have made fracking opponents skeptical about the current disclosure efforts. The Environmental Defense Fund, for example, which at one time supported the Texas bill, did an about face after various changes were made that favored the industry, including the provision to list some chemicals separately from others. According to the Journal, environmentalists say that neither the voluntary efforts nor state legislation enacted up until this point go far enough, and they have called for a mandatory, national chemical database to list fracking fluid ingredients.

“Regardless of what state you live in, we think you deserve to know,” Amy Mall, a senior policy analyst with the Natural Resources Defense Council, told the Journal.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
They did their job. Thank you great professional highly recommend them
Donald Brown
4 years ago
5 Star Reviews 150
In June I had a car accident and I was hesitant to find a lawyer but my family urged me to. I searched the web and asked some co workers for any recommendations. One of my workers said the name Waichman found the web site of Parker Waichman and I called them. The woman who answered the phone was informative and compassionate. By that evening a representative from the law firm was at my home and answered all of my questions. With in the next few days I was contacted by several individual from the firm including a Nurse who continues to contact me on a regular basis to see how my recovery is progressing. I am happy my family convinced me to retain an attorney, I have received hundreds of papers from my insurance company and if I had to sort them out I would be lost. I feel confident that I made the right choice with the firm of Paker Waichman.
Diane Tischer
8 years ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness I am so thankful for Parker Waichman’s team. Tina morace was so professional and knowledgeable.
Carol Willis
2 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038