Fracking the Oil and Gas Trade Secrets of the Marcellus Shale Natural Gas Play

摘要

Oil and gas companies could lose their trade secret protection due to a complete disclosure of proprietary chemical formulas, including concentrations. New York and Pennsylvania's regulations have a high likelihood of abandoning trade secret protection for chemical identities and mixture ratios. Alternatively, the likelihood of abandoning trade secret protection is low in Kentucky, Maryland, and West Virginia. Further, the likelihood of abandoning protection for the chemical identities, but not the mixture ratios, is high in Ohio and in the proposed FRAC Act.