Fracking: “Trade Secrets” vs. Health — Fixing a Law that’s Upside Down

Some laws that regulate extractive mineral operations are just plain upside down. Take fracking. Companies that use the process don’t have to tell ANYONE what’s in the cocktails of chemicals they use because it’s a “trade secret” that the laws exempt from disclosure. Even when some of the substances in those cocktails are known carcinogens, or known to be otherwise poisonous or harmful to the health of humans and animals, and even though some of that fluid often ends up in the water supply for drinking or irrigation, the companies can keep it secret and keep on knowingly injecting poisons into the earth and the water. And with offshore wells, into the ocean, as has been done in the Santa Barbara channel.

I label that as criminal. The corporations doing it are criminal and the corporate employees who are doing it are criminals–all the way from the CEO and members of the Board of Directors who are in the know to the chemists who concoct the chemical brew to the workmen who are actually drilling the holes and pumping in the chemical brew. And the politicians who write the laws that let them do it and let them keep their formulas secret are criminals. Every one of them ought to be sent to jail or barred from political office.

The basic question is simple and the answer is obvious. What is more important–the good health of the people who live in the regions that are getting fracked, or the maximization of fracking companies’ profits? It is that simple. And the answer is obvious to any thinking person who is honest with himself or herself.

Personally I applaud the states that have banned the process of fracking completely, and I’d like to see it banned in coastal waters that are under federal authority. But I have no power to do that in states or countries where the fracking companies are paying off the politicians to let them keep on using the process. But even there, I think there may be a fairly straightforward solution. Establish an agency that oversees tracking and ban anyone who has been employed by the fracking industry from working in it. That agency will employ some bonded employees who are trained in both chemistry and toxicology. They and no one else will have access to the formulas of any substance used in tracking, and their job will be to make sure that no toxic substance is included, and to test batches of tracking fluid to make sure they are compliant. “Bonded” in this case means that they are sworn not to disclose the contents of these fluids to anyone except for informing the personnel in the agency who are empowered to stop the company from using them or to shut down the operation. Disclosure to a competitor would carry a penalty great enough to deter the bonded chemist-toxicologist from any temptation to so disclose. Such a procedure would probably provide adequate protection of the public’s health. If the politicians or tracking companies are unwilling to go along with that, then the people should rise up, stop the operations entirely, and toss the franking politicians.

Bookmark the permalink.

Comments are closed.