Fracking Patents: The Emergence of Patents as Information Containment Tools in Shale Drilling

Abstract

The advantages of new sources of energy must be weighed against environmental, health, and safety concerns related to new production technology. The rapid development of unconventional oil and gas fields, such as the Barnett and Marcellus Shales, provide an excellent context for these contrasting goals. Information about extraction hazards is an extremely important issue. In general, patents are viewed as a positive force in this regard, providing a vehicle for disseminating information in exchange for a limited property right over an invention. However, by limiting the evaluation of an invention by third parties, patents might also be used to control the creation of new information. Such control is more likely in situations where third-party use and assessment may produce information damaging to the patent owner. This Article explores the relationship between patents and information control in the context of natural gas extraction. Understanding the role of a patent as an information-control mechanism is critical to INTRODUCTIONThe recent boom in natural gas extraction presents a classic information problem. To assess the benefits of this emerging energy source, one needs to fully understand the risks of using invasive drilling techniques. But that information has not always been easily accessible. In February 2010, the U.S. House of Representatives Committee on Energy and Commerce launched an investigation into the chemicals used in hydraulic fracturing fluids and the 280Fracking Patents potential impact of industry practices on the environment and human health., Even though hydraulic fracturing has become a common practice in the oil and gas industry since fracturing was commercialized in the late 1940s, it has recently become quite visible and controversial in ways not previously experienced.2 During the course of its investigation, the Committee asked fourteen leading oil and gas service companies to disclose the types and volumes of the products they used in their fluids between 2005 and 2009, along with the chemical contents of those products. 3 The resulting analysis was described in a press release as "the first comprehensive national inventory of chemicals used by hydraulic fracturing companies during the drilling process." 4 The responses revealed that the surveyed companies had used 780 million gallons of some 2,500 different products, which collectively contained over 750 identifiable chemicals and other components. 5 According to the Committee, " [s]ome of the components used in the hydraulic fracturing products 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 extremely toxic, such as benzene and lead, while still other components could not be Waxman requested similar information from the three largest oil and gas service companies Halliburton, Schlumberger and BJ Services (since acquired by Baker Hughes). See Feb. 18 Memo, supra, at 7.2. Starti...

Opaque transparency: How material affordances shape intermediary work

“…This was at the very beginning of the fracking boom (Meko & Karklis ) and at the height of public debate following field configuring events (Hardy & Maguire ), such as the attempted enactment of the “FRAC Act” in 2009, the release of Gasland in 2010 (Cahoy et al . ; Vasi et al . ; see also Fig.…”

“…The oil and gas industry in the US and Canada wields immense power, as evinced by the pattern of pro‐industry regulation of the past 150 years (Wiseman ; Cahoy et al . ; Gond et al . ).…”

“…Although the first fracking experiment was performed in 1947 ( Fig. 1, based on Cahoy et al 2013), the current high-volume slick water fracking boom only began in earnest during the past decade (Sernovitz 2016), with tens of thousands of new wells drilled in North America. What follows is a short review of this boom and its potential effects on the environment and public health.…”

“…4), and further attesting to the intrinsically dynamic aspects of intermediary work (Bothello & Mehrpouya 2018;Ména et al 2018;Paiement 2018), the material affordances provided by FracFocus were particularly timely, occurring a few months after Wyoming became the first state to mandate disclosure. This was at the very beginning of the fracking boom (Meko & Karklis 2017) and at the height of public debate following field configuring events (Hardy & Maguire 2010), such as the attempted enactment of the "FRAC Act" in 2009, the release of Gasland in 2010 (Cahoy et al 2013;Vasi et al 2015; see also Fig. 1), and the publication of Chemicals Used in Hydraulic Fracturing (Waxman et al 2011).…”

Comparative Analysis of Hydraulic Fracturing Wastewater Practices in Unconventional Shale Development: Newspaper Coverage of Stakeholder Concerns and Social License to Operate

“…Unconventional shale gas development has emerged rapidly over the past several decades, notably following the application of so-called slickwater fracking to the Barnett play in the Dallas, Texas (TX) area, beginning in 1997 [55][56][57]. In addition to the Barnett, we analyze stakeholder concerns associated with three other shale gas plays: the Marcellus, located principally in Pennsylvania (PA), West Virginia (WV), and New York (NY); the Montney, spanning Alberta (AB) and British Columbia (BC); and the Duvernay, in Alberta ( Figure 3).…”