Pa. Urges 3rd Circ. To Uphold Fracking Trade Secret Rule

Law360, New York (December 11, 2014, 8:03 PM EST) -- Pennsylvania environmental officials urged the Third Circuit on Wednesday to uphold the state's so-called medical gag rule, which bars doctors from disclosing proprietary information about the composition of hydraulic fracturing fluids that they learn while treating patients for chemical exposure.

The gag law, which compels fracking fluid manufacturers to disclose their protected trade secrets to doctors in emergency situations on the condition that health professionals will keep them confidential, was challenged by physician Alfonso Rodriguez — who said the law violated his First Amendment rights to share the information with his patients and the medical community.

Lower courts have twice tossed...

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