Public interest groups that lost a suit about disclosing fracking chemicals are appealing that decision to the Wyoming Supreme Court. Groups like Earthjustice and the Powder River Basin Resource Council argue that the separate chemicals used in the fracking process should be public information under the Wyoming Public Records Act.  A Wyoming District court Judge sided in March with the Wyoming Oil and Gas Conservation Commission as well as industry when it ruled that not disclosing chemical identities when they are deemed a trade secret is permissible. Powder River Basin Resource Council member Marilyn Ham says that’s not right.   

“It’s a public health and public good issue and the initial ruling was for chemical disclosure and that was to allieve [sic] concerns by the public. And yet with allowing 50 secrecy requests with not any proof of need for those requests I feel they’re violating their rule,” says Ham.

Wyoming was the first state to require the disclosure of chemicals used by industry in fracking, but has granted nearly 200 chemicals trade secret status since the law passed in 2010.