Fracking Patents - Michigan Telecommunications and Technology ...

Spring 2013] Fracking Patents 281potential impact of industry practices on the environment and human health. 1Even though hydraulic fracturing has become a common practice in the oiland gas industry since fracturing was commercialized in the late 1940s, ithas recently become quite visible and controversial in ways not previouslyexperienced. 2 During the course of its investigation, the Committee askedfourteen leading oil and gas service companies to disclose the types andvolumes of the products they used in their fluids between 2005 and 2009,along with the chemical contents of those products. 3 The resulting analysiswas described in a press release as “the first comprehensive national inventoryof chemicals used by hydraulic fracturing companies during the drillingprocess.” 4 The responses revealed that the surveyed companies had used 780million gallons of some 2,500 different products, which collectively containedover 750 identifiable chemicals and other components. 5 According tothe Committee, “[s]ome of the components used in the hydraulic fracturingproducts were common and generally harmless, such as salt and citric acid,whereas others were unexpected, such as instant coffee and walnut hulls.” 6Of greater concern, a number of the components identified were extremelytoxic, such as benzene and lead, while still other components could not be1. On February 18, 2010, Henry A. Waxman, Chairman of the Energy and CommerceCommittee, and Edward J. Markey, Chairman of the Energy and Environment Subcommittee,sent letters to eight oil and gas services companies. See Memorandum from Rep. Henry A.Waxman & Rep. Edward J. Markey to Members of the Subcomm. on Energy and Environment(Feb. 18, 2010) [hereinafter Feb. 18 Memo], available at http://democrats.energycommerce.house.gov/Press_111/20100218/hydraulic_fracturing_memo.pdf. In May 2010, they expandedthe scope of their investigation to include six more service companies. Memorandum fromHenry A. Waxman & Edward J. Markey to Members of the Subcomm. on Energy and Environment(Jul. 19, 2010), available at http://democrats.energycommerce.house.gov/documents/20100719/Memo.Hydraulic.Fracturing.07.19.2010.pdf. The roots of this investigation traceback to 2007 when as Chairman of the Oversight and Government Reform Committee, Rep.Waxman requested similar information from the three largest oil and gas service companiesHalliburton, Schlumberger and BJ Services (since acquired by Baker Hughes). See Feb. 18Memo, supra, at 7.2. Starting in the 1990s, so-called slickwater hydraulic fracturing was first applied tothe Barnett Shale, a formation that underlies the city of Fort Worth, Texas, and at least 17surrounding counties. Since then, similar practices have been applied to an increasing numberof so-called “unconventional” shale formations throughout the United States. The scale andscope of hydraulic fracturing operations is now larger than ever, and these operations are nowoften taking place in more populated regions unfamiliar with oil and gas development.3. H.R. COMM. ON ENERGY & COMMERCE, CHEMICALS USED IN HYDRAULIC FRACTUR-ING (2011) [hereinafter HYDRAULIC FRACTURING REPORT], available at http://democrats.energycommerce.house.gov/sites/default/files/documents/Hydraulic-Fracturing-Chemicals-2011-4-18.pdf.4. Press Release, H.R. Comm. on Energy & Commerce, Committee Democrats ReleaseNew Report Detailing Hydraulic Fracturing Products (Apr. 16, 2011), available at http://democrats.energycommerce.house.gov/index.php?q=news/committee-democrats-release-newreport-detailing-hydraulic-fracturing-products.5. HYDRAULIC FRACTURING REPORT, supra note 3, at 1.6. Id.