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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