West Virginia Trade Secrets: What you need to know

Governing Law and Regulations

West Virginia Uniform Trade Secrets Act, West Virginia Code (WV Code) 47-22-1 to 47-22-10

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West Virginia Freedom of Information Act (FOIA), WV Code 29B-1-1 to 29B-1-7

Department of Environmental Protection (DEP) FOIA requests: West Virginia Regulations (WV Reg.) 60-2-1 to 60-2-11

Confidentiality claims:

Air pollution control: WV Code 22-5-10

Water pollution control: WV Code 22-11-9

Waste management: WV Code 22-18-12

Mining: West Virginia Surface Coal Mining and Reclamation Act, WV Code 22-3-7

Hydraulic fracturing: WV. Reg. 35-8-10

Regulatory Agencies

West Virginia Department of Environmental Protection (DEP)

West Virginia Department of Health and Human Resources

West Virginia Department of Agriculture

U.S. Environmental Protection Agency (EPA) Region 3

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. As a general rule, West Virginia considers certain information submitted to a state agency as a condition of a permit or regulation confidential and protected from disclosure. However, companies may protect certain confidential business information on the grounds that it constitutes a trade secret. Follow the federal procedures that require persons to make trade secrecy claims in writing at the time the information is first sent to an agency. See the national section TRADE SECRETS, and contact the West Virginia Department of Environmental Protection (DEP) or other appropriate regulatory state agencies for guidance.

Some information may never be treated as a trade secret. Most monitoring data and information needed by emergency workers (e.g., firefighters or hazmat teams) regarding ...

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State Requirements

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West Virginia Trade Secrets Resources

Trade Secrets Products

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