Is the use of trade secrets in oil and gas extraction ethical and sustainable?

Cristiana Sappa

Chapter 19 in Intellectual Property, Ethical Innovation and Sustainability, 2026, pp 261-276 from Edward Elgar Publishing

Abstract: Hydraulic fracturing (fracking) is a form of extraction of oil and gas that gives rise to environmental and health considerations, including surface and groundwater degradation and contamination, and earthquakes. Substantive components of the fracking processes are oftentimes shielded by trade secrets, so may be data analytics on geographical areas where wells are drilled, pumping equipment and processes, or in-house developed systems to assess the impact of companies’ practices on the neighboring communities. The presence (and misuse) of this form of expression may be among the causes of a general lack of transparency in the field, notwithstanding local disclosure obligations introduced to safeguard the general interest connected to the protection of environment and health. By focusing on the (un)ethical use of trade secrets in the oil and gas extraction industry, this chapter provides a first view on the interaction between the overprotection of private interests and the compression of public interest.

Keywords: Trade Secrets; Overclaim; Oil and Gas Extraction; Hydraulic Fracking; Disclosure Obligations; Environmental Information; Health (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035367764
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