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May 23, 2013

New Fracking Disclosure Rules for Federal and Indian Lands

The Bureau of Land Management has proposed rules requiring public disclosure of the chemicals used in hydraulic fracturing at oil and gas wells on federal and Indian lands. Operations on private lands will be unaffected by this rule.

Companies operating on federal and Indian lands would be required to provide the trade name of each chemical and its purpose in the fracking fluid, but only after the fracking operation is completed. Companies may seek to protect proprietary information.  Information about the handling and hauling of produced water and flowback fluids would also have to be submitted after the operation is completed.

The proposed rules will enter a 60-day public comment period once they are published in the Federal Register. The BLM has indicated its intention to finalize the rules by the end of the year.

© 2013 Varnum LLP

About the Author

Partner

Tim Lundgren is a partner in the Environmental Practice Group and chair of the firm's Water Law Specialty Area. Tim works on matters related to water quality and water supply and use, including discharge permitting and compliance, stormwater compliance, and water withdrawal. He has assisted clients with waterfront and port facilities on permitting and compliance matters both on inland waterways and on the Great Lakes, and with spill...

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