The Freedom of Information Act has exceptions related to gas and oil wells. What information about these wells is protected by this Act?
Under the Freedom of Information Act (FOIA) in the United States, information related to gas and oil wells may be protected in certain circumstances. The specific information protected can vary depending on the context and specific exemptions applied. However, two primary exemptions are most commonly associated with gas and oil wells:
1. Exemption 4: This exemption protects "trade secrets and commercial or financial information" that is privileged or confidential. When it comes to gas and oil wells, it can cover proprietary information or competitive data provided by industry companies. For example, it may include drilling techniques, chemical formulas used in hydraulic fracturing ("fracking"), well designs, technological research, economic analyses, pricing data, contracts, and other proprietary information that, if disclosed, could harm the competitive position of the company.
2. Exemption 9: This exemption protects geological and geophysical information and data (including maps) concerning exploration, geophysical surveys, and prospects for oil, gas, or other mineral fields. It usually shields raw data related to active or potential drilling sites, surveys, seismic information, core samples, real-time data, well logs, and similar data considered sensitive for exploration, drilling, and extraction operations. This exemption aims to prevent the unnecessary disclosure of critical data that could be exploited by competitors.
It's important to note that while these exemptions generally protect certain sensitive information, they are subject to interpretation, and not all information related to gas and oil wells will necessarily be protected. The FOIA also provides avenues for accessing information in cases where public interest outweighs withholding it under these exemptions. Additionally, state laws may have their own exemptions related to gas and oil wells, which can vary from federal guidelines.