Fracking Secrets Still Vulnerable After Gag Order Ruling

Law360, New York (October 28, 2013, 6:35 PM EDT) -- While a Pennsylvania court last week threw out a doctor's challenge to a gag order preventing the disclosure of chemicals used in hydraulic fracturing, it also kept alive the prospect of future lawsuits from physicians seeking to publicly disclose industry trade secrets for medical reasons.

In dismissing Dr. Alfonso Rodriguez's claims that Pennsylvania's statewide drilling regulations infringes on his First Amendment rights by preventing him from widely sharing information about fracking formulas, the court simply said the physician did not have standing to bring the case.

By not taking up the substance of the suit, the court kept hope alive for...

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