RAW STORY
Republican lawmakers in North Carolina have introduced a bill that
would make it a felony to disclose the chemicals used in fracking
operations outside of emergency situations, Energywire reported.
The “Energy Modernization Act,”
(PDF) as the bill is called, would punish revealing fracking mix
information with prison terms of “a few months,” in addition to civil
penalties. While it would allow officials with the state emergency
management office to gather that information for planning purposes and
provide it for medical and firefighting personnel as necessary, first
responders might also be forced to sign confidentiality agreements to
protect that information.
Otherwise, however, those details would be classified as trade
secrets, which companies like ex-Vice President Dick Cheney’s former
employer, Halliburton, have argued should be maintained in order to
protect their business. However, fracking opponents have said that
public disclosure of the chemicals used in the process is necessary to
gauge how much damage it can do to local land and water supplies. Twenty
states currently have laws on the books requiring companies to reveal what chemicals they use.
Mother Jones reported
that the bill does not mention whether fire or health officials would
face imprisonment if they disclose their dealing with fracking
ingredients with their own colleagues.
“I think the only penalties to fire chiefs and doctors, if they
talked about it at their annual conference, would be the penalties
contained in the confidentiality agreement,” legal expert Hannah Wiseman
was quoted as saying. “But [the bill] is so poorly worded, I cannot
confirm that if an emergency responder or fire chief discloses that
confidential information, they too would not be subject to a felony.”
The bill, introduced by GOP Sens. Andrew Brock, Eldon “Buck” Newton,
and Bob Rucho, would also bar local governments from instituting their
own anti-fracking rules and limit the amount of water testing done
before starting a new fracking operation.
Earlier this month, officials with the state Department of Environment and Natural Resources (DENR) challenged
the Mining & Energy Commission when it attempted to pass a rule
requiring companies to make their fracking chemicals public record,
following a complaint by Halliburton.
This past February, federal officials launched an investigation
into the activities at Duke Energy — former employer of Gov. Pat
McCrory (R) — after DENR blocked two lawsuits against the company and
instead negotiated two settlement offers totalling less than $100,000.
The offers were later withdrawn.
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