ALEC, CSG, ExxonMobil Fracking Fluid "Disclosure" Model Bill Failing By Design

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Last year, aย hydraulic fracturing (โ€œfrackingโ€) chemical fluid disclosure โ€œmodel billโ€ wasย passed by both the Council of State Governments (CSG) and the American Legislative Exchange Council (ALEC). It proceeded toย pass in multiple states across the country soon thereafter, but as Bloombergย recently reported, the billย has been an abject failure with regards toย โ€œdisclosure.โ€

That was by design, thanks to the bill’s chief author, ExxonMobil.ย 

Originating as a Texas bill with disclosure standards drawn up under the auspices of the Obama Administration’s Department of Energy Fracking Subcommittee rife with oil and gas industry insiders, the model is now codified as law in Colorado, Pennsylvania, andย Illinois.

Bloomberg reported that the public is being kept โ€œcluelessโ€ as to what chemicals are injected into the ground during the fracking process by the oil and gasย industry.

โ€œTruck-Sizedโ€ Loopholes: Fracking Chemical Fluid Non-Disclosure byย Designย 

โ€œDrilling companies in Texas, the biggest oil-and-natural gas producing state, claimed similar exemptions about 19,000 times this year through August,โ€ explainedย Bloomberg. โ€œTrade-secret exemptions block information on more than five ingredients for every well in Texas, undermining the statuteโ€™s purpose of informing people about chemicals that are hauled through their communities and injected thousands of feet beneath their homes andย farms.โ€

For close observers of this issue, it’s no surprise that the model bills contain โ€œtruck-sizedโ€ loopholes.ย 

โ€œA close reading of the billโ€ฆreveals loopholes that would allow energy companies to withhold the names of certain fluid contents, for reasons including that they have been deemed trade secrets,โ€ย The New York Times explained back in April.

Disclosure Goes Through FracFocus, PR Front For Oil and Gasย Industry

The model bill that’s passed in four states so far mandates that fracking chemical fluid disclosure be conducted by FracFocus, which recently celebrated its one-year anniversary, claiming it has produced chemical data on over 15,000 fracked wells in a promotional video.ย 

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Steve Horn is the owner of the consultancy Horn Communications & Research Services, which provides public relations, content writing, and investigative research work products to a wide range of nonprofit and for-profit clients across the world. He is an investigative reporter on the climate beat for over a decade and former Research Fellow for DeSmog.

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