The Colorado oil and gas transparency law (HB22-1348), passed in 2022 and effective from July 2023, was intended to break a legacy of secrecy in the industry by requiring public disclosure of all chemicals used underground during drilling and fracking, while banning toxic PFAS substances. The law aimed to empower residents near extraction sites with clear information about potential chemical exposures and protect their health.
Nearly two years later, however, a May 2025 analysis by Physicians for Social Responsibility (PSR), PSR – Colorado, Colorado Sierra Club, and FracTracker Alliance revealed systemic noncompliance. Out of 1,114 wells required to report, only 39% had any publicly available chemical disclosures. This failure undermined the law’s intent, leaving thousands of Coloradans without vital safety information.
The report, “Oil and Gas Chemicals Still Secret in Colorado,” estimated that 30 million pounds of fracking chemicals remained undisclosed, with potential fines exceeding $37 million if calculated at $200 per violation per day. As PSR consultant Dusty Horwitt put it, “This law was supposed to break through the culture of secrecy … but lack of compliance has left the secrecy in place and Coloradans’ health at risk.”
Industry response and remaining gaps
Following the report’s publication, public pressure spurred a measurable industry reaction. The Colorado Energy and Carbon Management Commission (ECMC) received over 600 new well disclosures within weeks — nearly doubling the total submitted during the prior 17 months. By July 2025, over 90% of wells had at least partial fracking chemical disclosures.
Yet one critical omission remains: chemicals used during the drilling phase. Despite being covered by the law, drilling chemical disclosures are virtually nonexistent. This gap has profound implications, as drilling is the first stage of well development and often passes through groundwater before protective casings are in place, allowing toxic additives to potentially contaminate aquifers. Without this data, public health officials cannot identify exposure pathways, issue targeted health warnings, or assess risks — leaving residents, many from marginalized communities, in a dangerous information vacuum.
Elizabeth Gillepsie, MD, MPH, chair of PSR Colorado, told The Guardian that this lack of data makes it difficult for doctors to treat patients near wells, who already face higher incidences of leukemia, birth defects, and other serious conditions linked to fracking-related exposure.
When secrecy turns to disaster: the weld county incident
The risks of inadequate disclosure became starkly clear in April 2025, when a Chevron-operated well on the Bishop pad near Galeton, Weld County, suffered a blowout that lasted almost five days. The accident released around 20,000 barrels of produced water and 5,000 barrels of oil and condensate, spreading contaminants up to two miles away and forcing the closure of Galeton Elementary School for much of the month.
Air monitoring detected benzene concentrations four to ten times above typical safety thresholds, along with other toxic volatile organic compounds. Over 300 personnel were mobilized for an emergency response, and the ongoing cleanup — covering a seven-square-mile area divided into 300 parcels — is expected to last until at least 2030. Chevron now faces an ECMC enforcement action citing six rule breaches, in addition to long-term monitoring responsibilities.
This case illustrates what can happen when the public lacks timely, accurate chemical data. Communities cannot prepare for or respond effectively to emergencies when they don’t know what hazards they face.
The human and environmental toll of opaque practices
Noncompliance with chemical disclosure laws does not impact all Coloradans equally. Many of the communities living closest to oil and gas sites are predominantly made up of racial minorities and economically disadvantaged residents, who are disproportionately burdened by pollution, noise, and health risks.
The combination of undisclosed chemical use, cumulative environmental stressors, and limited access to healthcare creates a public health crisis that is both preventable and unjust. Without transparent reporting, environmental justice efforts are undermined, emergency planning is compromised, and long-term health monitoring becomes guesswork.
The lack of drilling chemical data also leaves environmental regulators without the information needed to track pollutants in air, soil, and water, hindering remediation efforts and potentially allowing contaminants to linger undetected for years.
What needs to change
Advocates say the solution is straightforward: enforce the law as written, close loopholes, and hold violators financially accountable. Ramesh Bhatt, Ph.D., Chair of the Colorado Sierra Club Conservation Committee, called for prioritizing “the protection of Coloradans and their environment over industry interests.”
Stronger enforcement would mean imposing fines for noncompliance, mandating disclosure before drilling begins, and ensuring public data is comprehensive and accessible. Organizations like FracTracker Alliance plan to continue using mapping, public education, and advocacy to push for these changes.
The transparency law was designed to serve the public, but as long as companies can skirt reporting requirements without consequence, its protections remain theoretical. Until disclosure is complete and accurate, Coloradans will continue living — and drilling will continue operating — in the dark.
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