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111 Colum. L. Rev. Sidebar 1 (2011)

handle is hein.journals/sidbarc111 and id is 1 raw text is: COLUMBIA LAW REVIEW SIDEBAR VOL. 111 JANUARY 27, 2011 PAGES 1-13 TRADE SECRETS, DISCLOSURE, AND DISSENT IN A FRACTURING ENERGY REVOLUTION Hannah Wiseman* INTRODUCTION In the United States, Congress has traditionally relied, in part, upon citizen participation to control industrial activity and its effects on public welfare. It has also required industry to disclose certain information to the public in order to enable this participation. Early on in the inovenent toward expanded federal regulation of industry, Congress granted broad standing to individuals in generous private attorney general provisions in environmental and business-related statutes.' It also required agencies to follow strict notice-and-connent rulenaking procedures, which directed agencies to publicize proposed rules and receive citizen corninents. Through statutes such as the Emergency Planning and Connunity Right-to-Know Act (EPCRA) and the Safe Drinking Water Act (SDWA), Congress further mandated that industry publish information about releases of toxic materials and that public water providers disclose violations of water quality standards. These statutes all envisioned that informed citizens would influence industrial activity through open public venues. But a recent revolution in energy developinent-inspired by a new technique to extract natural gas fron * Assistant Professor, University of Tulsa College of Law. Professor Wiseman received her A.B. from Dartmouth College and hei J.D. from Yale Law School. She wishes to sincerely thank Professors Garrick Pursley and Jacqueline Lang Weaver for their comments on this Article. 1. See, e.g., Clean Water Act of 1972 § 505, 33 U.S.C. § 1365 (2006) (providing that any citizen may bring an action for certain violations of the Act); Clean Air Act of 1970 § 304, 42 U.S.C. § 7604 (2006) (providing that any person may bring a citizen action for certain violations of the Act); see also Organized Crime Control Act of 1970 §901(a), 18 U.S.C. § 1964(c) (2006) (providing that any person injured due to a violation of the Act may sue). 2. Administrative Procedure Act of 1946 § 4, 5 U.S.C. § 553 (2006). 3. See Emergency Planning and Community Right-to-Know Act of 1986 § 313, 42 U.S.C. § 11023 (requiring annual preparation of toxic chemical release forms). 4. See Safe Drinking Water Act of 1974 §1414, 42 U.S.C. § 300g-3(c) (2) (C) (requiring notification of SDWA violations).

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