Geological info on wells exempt from FOIA.

Records pertaining to geological information on wells are not releasable under a FOIA request. This is from an FAQ on the site.

U.S. General Services Administration


____________________________________________
3. What information can be requested under the FOIA?

You may mail or fax requests for any records created by or in the possession of an agency. GSA accepts e-mail request as well. Certain records are not releasable under a FOIA request if one or more of the following exemptions apply:

*Classified defense and foreign policy information
*Internal agency rules and practices
*Information prohibited from disclosure under other laws
*Trade secrets and confidential business practices
*Inter or intra-agency communications protected under law
*Information involving matters of personal privacy
*Certain information regarding law enforcement
*Information on supervision of financial institutions
*Geological information on wells
____________________________________________

I stumbled upon this while researching underground facilities. I'm not sure if this has been touched on in another thread. I find this very interesting, and a bit hilarious.

Am I onto something or am I just missing something?

I wonder if the geological information on wells and the subsequent infomation is off limits becuase of possible pressue from industry groups.For example if you had a factory leaking gods knows what in to the ground water table infomation on the local geology of a contaminated well it may assist in the source being traced back to them.

Great post Rev_Godslapper




[edit on 29-6-2004 by dwh0]

I have no idea if you are on to something. sounds kind of interesting though...

[edit on 29-6-2004 by HombreConUnPollo]

I noticed that exemption and it always struck me as odd. Here's a couple of snippets I found while researching it that help explain the policy reasons behind it:

Found this in the Kansas Journal of Law and Public Policy Spring, 2003. "ACCESS TO RECORDS" VERSUS "ACCESS TO EVIL:" SHOULD DISCLOSURE LAWS CONSIDER MOTIVES AS A BARRIER TO RECORDS RELEASE? James T. O'Reilly. fn 6.

'The legislative history and contemporaneous press coverage of FOIA shows virtually no business commentary to exemption (b)(4), but one business group obviously carved out its own protection in exemption (b)(9) for "oil and gas wells."'

and also this, taken from Ashland Oil, Inc. v. F. T. C.
409 F.Supp. 297, (D.C.D.C. 1976).

To begin with, it must be recognized that a natural gas company's reserve data, much like a patent or trade secret, constitutes a valuable and closely guarded asset. Making this asset available to competitors, without due compensation, would most certainly be inimical to competition, especially in highly competitive areas, as the comments of Ashland Oil, Inc. illustrate:

* * * Ashland Oil, Inc. has obtained leases in Federal off-shore areas by payments to the United States Government of large bonuses. Unleased acreage adjoins and offsets certain of these leases. If significant reserves are discovered and if the reserves extend into unleased areas, Ashland would not disclose the results of such exploration until an opportunity is available to bid in a drainage sale of the offsetting acreage. The information developed on such leases is highly confidential and proprietary in nature and disclosure of such information prior to the drainage sale would destroy Ashland's competitive advantage in bidding at such sale by making available to other companies the results of Ashland's exploration efforts made at great expense of it.

Similarly determining such reserve data to constitute 'valuable property' in Reliability of Electric and Gas Service, 49 F.P.C. 1428, 1429 (1973), the FPC discussed the underpinnings of its holding as follows:

The policy reasons underlying our assurance of confidentiality are obvious. In a period when the gas supply shortage is most acute, disclosure of detailed reserve data would undoubtedly inhibit future exploration for new gas reserves since speculators and competitors could equally benefit from the geological and geophysical expenditures of other companies. A competitor would particularly benefit from knowledge of another producer's uncommitted reserves for particular locations, especially in highly competitive areas. In addition, it would be extremely unfair to sellers of gas to disclose such data to potential buyers with whom they negotiate for the sale of gas. Furthermore, we believe that certain reserve data constitutes a valuable property right which should not be taken without due process and just compensation. (Emphasis added).

The federal courts have also acknowledged that detailed competitive information of the type here in issue constitutes trade secrets entitled to protection from public disclosure.

In Abbott v. United States, 239 F.2d 310, 314 (5th Cir. 1956), the Court found the geophysical surveys underlying a company's reserve estimates to be of 'almost inestimable practical value in the essential program of continuous exploration and development of mineral resources which is the life blood of an oil producing company.' Moreover, once disclosed, such data possesses 'a 'negative' value' in the hands of a competitor who can use it to 'undertake development, procure leases, and impede or thwart the company's plans.'

-koji K.

[edit on 29-6-2004 by koji_K]

[edit on 29-6-2004 by koji_K]