Today, the Wyoming Supreme Court issued its decision in a case where Powder River Basin Resource Council and other groups challenged the Wyoming Oil and Gas Commission’s withholding of hydraulic fracturing (fracking) chemical information from public disclosure and review. The Court reversed and remanded the case back to the District Court in Casper, Wyoming to fix certain deficiencies. In its opinion, the Court ruled in favor of the Resource Council in two main ways: 1) It held the Oil and Gas Commission has the burden of justifying the use of a trade secrets exemption and 2) It found that the definition of trade secrets under the Freedom of Information Act applies in Public Records Act cases, such as this one. In contrast, the Oil and Gas Commission wanted to use a broader definition of trade secrets, which would allow more withholding of chemical information from public disclosure and review.
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