California Publishes "Fracking" Regulations that Call for Chemical Disclosures

On December 18, 2012, California's Department of Conservation's Division of Oil, Gas and Geothermal Resources released a "discussion draft" of its proposed hydraulic fracturing regulations. The draft is comprised of a series of testing, monitoring, operating, and disclosure requirements. Although the draft regulations contain a trade secret exemption from its disclosure requirements, some have already voiced objections to the proposed requirements based on concerns in this and other areas. The formal rulemaking process is anticipated to begin in February 2013. Interested stakeholders should consider communicating comments or concerns now, while the regulations are still  in their formative phase of development.