Making the Case that HVHHS Gas Drilling will transform our land into industrial tracts, to extract the last drops of
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Long Term Cumulative Community Impact of the Massive Industrialization of High Volume
Horizontal Hydrofracture Shale Gas Drilling
A. For 5 minute to half hour introductions to "fracking" & how it’s different from and more risky than "conventional"
drilling, see presentations by James Northrup and Anthony Ingraffea (#1 below, especially highlighted ones).
B. For point-by-point answers to industry arguments favoring shale gas extraction, one of the most thorough hour
presentations is Stephen Cleghorn's (#1 below).
C. For the social effects on communities where thousands of shale gas wells have been drilled, see the presentation of a
three-year study of Bradford PA by Dr. Simona Perry (see #8 below).
D. For a financial analysis of shale gas reserves, economic viability, "energy independence" and the "drilling treadmill,"
watch Deborah Rogers’ (see #10b) presentation.
1. Understanding the technology of HVHHS Gas Drilling (including how it differs from previous
petroleum extraction):
Anthony Ingraffea
 Drill here, Drill Now Screws the Grandkids. http://un-naturalgas.org/weblog/2010/04/tony-ingraffea-drill-here-drillnow-screws-the-grandkids-three-part-video-presentation/ April 17, 2010. Three parts (each about 25 min.)
 Disposal Wells: A Solution for Marcellus Waste? http://shaleshockmedia.org/2010/05/29/disposal-wells-a-solution-formarcellus-waste/ May 3, 2010, Ithaca, NY. (Total length: 123 min) Introduction: (approx. 4 min.); Bill Kappel, USGS,
Water Resources Division: (approx. 11 min.); Rachel Treichler, Attorney from Hammondsport (approx. 12 min.); Dr.
Tony Ingraffea, Cornell University Engineering Dept. (approx. 16 min.); Q & A: Part I: (approx. 31 min.) /Q & A: Part
II: (approx. 24 min.) / Q & A: Part III: (approx. 25 min.)
 Siegel & Ingraffea Debate on Hydrofracking. http://shaleshockmedia.org/2011/04/11/professors-siegel-and-ingraffeadebate-on-hydrofracking/ February 20, 2011. SUNY Cortland, NY. Prof. Anthony Ingraffea, engineer fracture expert,
Prof. Donald Siegel hydrogeologist, Syracuse University, Intro. (9 min) / Dr. Siegel: (15 min) / Dr. Ingraffea: (15 min) /
Q &A Part I : (40 min) / Q & A Part II (40 min)
 http://shaleshockmedia.org/2011/01/30/3-tony-ingraffea-sautnersjosh-fox-cumulative-environmental-effects-of-gasdrilling/ Ingraffea’s response to Terry Engelder’s pro-drilling statement in a debate. (About 30 min.) 
James Northrup:
 http://vimeo.com/14472351 (4:45 min.) Brief introduction to high-volume slick- water horizontal hydraulic fracturing
(hydrofracking) gas drilling method and some problems in NY. 
 http://vimeo.com/14295502 (27 min.) - More Complete Introduction to high-volume slick-water horizontal hydraulic
fracturing (hydrofracking) gas drilling method and some problems in NY. 
 http://my.brainshark.com/Horizontal-Hydrofracking-of-Shale-Gas-in-New-York-162908032 Horizontal
Hydrofracking of Shale Gas in New York - PowerPoint with Northrup’s voiceover- more in-depth overview of drilling
and problems. (42 min, 57 slides) 
 http://my.brainshark.com/Fracking-Shale-Gas-Industrialization-Video-753892639 - Northrup explains the ways shale
hydrofracture gas drilling and production is massive industrialization. (20 min 4 sec , 28 slides) 
 http://my.brainshark.com/Prohibit-Fracking-In-Your-Town-872341386 (8 min, 16 slides) Apr 01, 2011 
 http://my.brainshark.com/Prohibit-Fracking-Through-Zoning-926534928 (5 min., 31 slides) Apr 11, 2011 


 Note that a DVD (produced with Ingraffea’s and Northrup’s permission) is available, which includes the videos
marked .
Email your request to concernedcitizensohio@gmail.com .
Donations to cover production costs ($5) will be gratefully received: checks may be made out to Concerned Citizens Ohio
and sent to G. Fischer, POB 133, Hiram OH 44234
 Dr. J. Stephen Cleghorn: "The Case for a Moratorium on Drilling the Marcellus Shale in PA"
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http://go.to/stopmarcellus : "...An organic farmer in western Pennsylvania assembles the case for a
moratorium on unconventional drilling for natural gas in the Marcellus Shale.” Well-documented, clearly
stated description of the entire process & excellent response to all the claims made by industry (1 hour)
2. Learning about risks from where drilling has been done:
a. Bradford County PA: http://www.bradfordcountypa.org/Natural-Gas.asp?specifTab=2 active
map showing the progression of gas wells drilled between 2009-2011 in Bradford County.
b. Learning from Arkansas.
http://www.arpanel.org/content/Arkansas%20in%20the%20Balance%20Exec%20Summary.pd
f Arkansas in the Balance (Summary report by the Arkansas Public Policy Panel February
2011) “Concentrated Impacts. A well pad requires clearing 3 to 10 acres of land, though multiple wells
can be drilled from a single pad. Roads and pipelines leading to every well require additional land to be
cleared, often causing erosion on the steep slopes of the Ozarks. Each well requires about 3 million
gallons of water, and the chemicals used in the process are not released to the public. The impact of a
single well on land, water, property and health may be small, but the cumulative impact of 7,000 wells in
close proximity—and many more to come—will be huge if proper measures are not taken to mitigate
these impacts.”
 This report cites data from gas and Oil drilling in CO, WV, NM, PA, NY, TX and WY.
63.134.196.109/documents/RiskAssessmentNaturalGasExtraction.pdf “Over the last decade,
operators in the natural gas industry have developed highly sophisticated methods and materials for the
exploration and production of methane from unconventional reservoirs. In spite of the technological
advances made to date, these activities pose significant chemical and biological hazards to human
health and ecosystem stability. If future impacts may be inferred from recent historical performance,
then: Between two and four percent of shale gas well projects in New York will pollute local groundwater over the short term. Serious regulatory violation rates will exceed twelve percent.
 More than one of every six shale gas wells will leak fluids to surrounding rocks and to the surface over
the next century.
 Each gas well pad, with its associated access road and pipeline, will generate a sediment discharge of
approximately eight tons per year into local waterways, further threatening federally endangered
mollusks and other aquatic organisms.
 Construction of access roads and pipelines will fragment field and forest habitats, further threatening
plants and animals which are already species of concern.
 Some chemicals in ubiquitous use for shale gas exploration and production, or consistently present in
flowback fluids, constitute human health and environmental hazards when present at extremely low
concentrations. Potential exposure effects for humans will include poisoning of susceptible tissues,
endocrine disruption syndromes, and elevated risks for certain cancers.
 Exposures of gas field workers and neighbors to toxic chemicals and noxious bacteria are exacerbated by
certain common practices, such as air/foam-lubricated drilling and the use of impoundments for
flowback fluids. These methods, along with the intensive use of diesel-fueled equipment, will degrade
air quality and may cause a recently described “down-winder’s syndrome” in humans, livestock and
crops.
 State officials have not effectively managed oil and gas exploration and production in New York,
evidenced by thousands of undocumented or improperly abandoned wells and numerous incidents of
soil and water contamination. Human health impacts from these incidents appear to include abnormally
high death rates from glandular and reproductive system cancers in men and women. Improved
regulations and enhanced enforcement may reasonably be anticipated to produce more industry
penalties, but not necessarily better industry practices, than were seen in the past.”
c. http://www.orionmagazine.org/index.php/articles/article/5839/?mid=54 “HERE, THEN, are the
environmental precepts violated by hydrofracking: 1) Environmental degradation of the commons
should be factored into the price structure of the product (full-cost accounting), whose true carbon
footprint—inclusive of all those diesel truck trips, blowouts, and methane leaks—requires calculation
(life-cycle analysis). 2) Benefit of the doubt goes to public health, not the things that threaten it,
especially in situations where catastrophic harm—aquifer contamination with carcinogens—is
unremediable (the Precautionary Principle). 3) There is no away.”
3. Auxiliary infrastructure
a. Pipelines
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i. http://www.naturalgas.org/naturalgas/transport.asp “Transmission pipes can measure
anywhere from 6 to 48 inches in diameter, depending on their function. . . .Most major
interstate pipelines are between 24 and 36 inches in diameter. The actual pipeline itself,
commonly called 'line pipe', consists of a strong carbon steel material, engineered to meet
standards set by the American Petroleum Institute (API). In contrast, some distribution pipe is
made of highly advanced plastic, because of the need for flexibility, versatility and the ease of
replacement.” http://www2.bupipedream.com/news/physicist-warns-of-fracking-sradioactive-side-effects-1.2706559#.TuEG85jO620 “Marvin Resnikoff, a physicist and
former professor from University at Buffalo . . . focused on a sometimes less-often-discussed
aspect of fracking, which is that it can produce radioactive byproducts that enter into the earth
and public drinking water supplies.”
ii. http://rwma.com/RWMA_Comments_rDSGEIS “The author of these comments has had
20 years experience examining NORM in oil and gas exploration and production in Louisiana,
Texas, Kentucky, Mississippi and more recently in New York State. . . .During production, the
brine is extremely radioactive, as the DEC DSGEIS has shown. The radium plates out as scale
within the production pipes or joints, the separator, the feeder lines to the condensate tanks and
the condensate tanks themselves. We focus on radium because radium, similar to calcium,
concentrates in bone and can give rise to leukemia. . . . .In addition to radioactive materials,
some toxic chemicals, such as arsenic and mercury will also be present during gas production.
The DSGEIS does not discuss the hazard quotient and risk factor associated with these
chemicals. Calculations we have done on the arsenic impact due to actual natural gas
production in southern Texas show that the hazard quotient is high, greater than 9, and the risk
factor is high, greater than 8 in 10,000, requiring a cleanup of a site. . . . .Within the Marcellus
Shale formation, the radioactive concentrations are 20 to 25 times background. However, DEC
claims that “black shale typically contains trace levels of uranium and gamma ray logs indicate
that this is true of the Marcellus shale.”3
Based on gamma ray logs, a study by the USGS
and statements in the DSGEIS, we differ strongly with the DEC that the concentrations are
“trace levels.”. . . .Thus, the wet cuttings that go to municipal landfills will be radioactive, due
to the contained drilling fluid...In addition to radioactive materials; we are concerned with
certain toxic materials brought to the surface. Gas formations contain arsenic, mercury and, of
course, hydrocarbons. These have the potential to enter groundwater systems, at concentrations
that present a cancer risk to residents. Once these carcinogens enter groundwater, they are
difficult to remove. In Texas, the risk level due to arsenic has exceeded the EPA cleanup risk
standard, 10-4. Radium scale buildup in gas equipment. During production, radium
dissolved in water, is brought to the surface. Scale, radium sulfate, plates out on production pipe
surfaces. . . . . For DEC and DOH to grasp the magnitude of the problem, we provide one
example. At one natural gas well in Texas, 388 pipe joints were pulled after 5 years service.
Exposure levels exceeded 50 μR/h in 55% of the 30 foot joints (max, 150 μR/h) 38% were < 50
μR/h and 7% were free of NORM. Hundreds of pipes at each gas well will be contaminated
with radium scale. If thousands of gas wells are drilled in New York State, how will DEC and
DOH have the resources to regulate the industry and track these contaminated pipes?
In our
experience, oil and gas producing pipes with high external exposure levels have been “donated”
to city governments for playgrounds in Texas, or to farmers for use in animal corrals in Texas
and Kentucky. They have been cut up with oxyacetylene torches and welded to fit their use. In
the process, children and farmers have been directly exposed to gamma, and inhaled radium.
Workers at pipeyards that cleaned pipes have inhaled radium-contaminated dust and have
developed cancer. . . . . Workers at, and residents near, pipeyards that clean pipe scale have an
additional risk from inhaling radioactive dust. Based on our experience, the DOH regulations
are too lax, as we discuss below.”
iii. Compressor Stations http://www.youtube.com/watch?v=gW4zSayf9O4 Video
comparing the industry ads of compressors and the typical compressor; using diesel to
run 24 hours a day, noisy, leaking emissions---the gas pipelines will require one every
40-100 miles or perhaps one for every 20-100 wells.
http://www.naturalgas.org/naturalgas/transport.asp “To ensure that the natural gas
flowing through any one pipeline remains pressurized, compression of this natural gas is
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required periodically along the pipe. This is accomplished by compressor stations, usually
placed at 40 to 100 mile intervals along the pipeline.”
iv. Valves and monitoring stations. http://www.naturalgas.org/naturalgas/transport.asp
“Interstate pipelines include a great number of valves along their entire length...These large
valves can be placed every 5 to 20 miles along the pipeline, and are subject to regulation by
safety codes . . . . In addition to compressing natural gas to reduce its volume and push it
through the pipe, metering stations are placed periodically along interstate natural gas pipelines.
These stations allow pipeline companies to monitor the natural gas in their pipes.”
v.
Pipeline incidents.
http://primis.phmsa.dot.gov/comm/reports/safety/SigPSI.html?nocache=4663 Table
showing “significant pipeline incidents.” Note that while the industry talks about
“needing to practice” to improve, over the past 20 years, the average number of
incidents has stayed at about 280/year, with a notable rise in 2010, after a number of
years of lower rates.
4. Water impacts. 2,000,000-5,000,000 gallons of water used for each fracking of each well; each well
may need to be fracked up to 10 times in its life; thousands of wells planned for Ohio, thousands
already drilled in PA, WV, and many western states. See below for the water contamination and the
fact that, water used for fracking cannot presently be made potable. James Northrup & Anthony
Ingraffea also make this point. http://www.publicnewsservice.org/index.php?/content/article/23656-1
“Currently there are 40 horizontally-fractured wells in Ohio – and 4,000 more expected in the next four years.”
5. Waste
a. Water contamination
i. http://documents.foodandwaterwatch.org/frackingFINALweb.pdf “Why Accelerating
Risky Drilling Threatens America’s Water.” July 2010.
ii. http://static.ewg.org/reports/2011/fracking/cracks_in_the_facade.pdf Cracks in the
Façade. 25 Years Ago, EPA Linked “Fracking” to Water Contamination Dusty
Horwitt, Senior Counsel, Environmental Working Group
August 3, 2011
iii. www.canadians.org/water/documents/fracking/factsheet-1110.pdf
iv. http://www.propublica.org/documents/item/methane-contamination-of-drinking-wateraccompanying-gas-well-drilling
b. Flowback /produced water disposal
i. http://www.citizenscampaign.org/campaigns/hydro-fracking.asp “Flowback” or
“produced” water (the chemical-laden water for fracking) returns to the surface and
must be removed and disposed. Presently the safest way PA has found is to ship it to
OH into Class II Injection wells. It is 5-10x saltier than sea water, and contains
chemicals which are toxic in parts per billion, as well as radioactivity.
ii. http://shaleshockmedia.org/2011/10/18/radiation-problems-due-to-hydrofracking/
Dr. Marvin Resnikoff is an international consultant on radioactive waste issues. A
nuclear physicist and a graduate of the University of Michigan. His recent research
focus has been on the risk of transporting and storing radioactive waste and the health
impact of radioactive waste from oil and uranium production
iii. www.astswmo.org/.../2011.04_FINAL_ASTSWMO_TENORM_Paper "The purpose of this
guidance is to inform solid waste management and other officials about technologicallyenhanced, naturally-occurring radioactive materials (TENORM) concerns and management
approaches.” "The radium is extracted to the surface with the produced water (oil field brines)
stream. The radium content in produced waters varies geographically and by geologic
formation. When the produced water is brought to the surface some of the dissolved radium
may precipitate. This precipitate will have elevated concentrations of radium. Radium
concentrations tend to be highest closest to the wellhead where changes in temperature,
pressure, and pH are greatest. The radium that does not precipitate is typically disposed of with
the produced water stream. A common way of disposing produced water in the United States is
via subsurface injection. The radium content of the injected water is not regulated and may
cause elevated radium content in the groundwater. Radium precipitation is not a problem in
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well scale formation." Incidental TENORM: A Guidance for State Solid Waste
c.
Managers April 2011 Page 28 of 38
Drill Cuttings. List-serve email (12/9/11) from Julie Weatherington-Rice, PhD, CPG, CPSS, Senior
Scientist, Bennett & Williams Environmental Consultants, Inc., 98 County Line Road West, Suite C,
Westerville, Ohio 43082. “It is critically important to remember that drill cuttings from these wells are
NOT classified as "man-made radioactive wastes". Rather they are classified as TENORM wastes. Here
is a link to the US EPA web sites that address TENORM wastes: http://www.epa.gov/radtown/drillingwaste.html.
In Ohio, NORM wastes and TENORM wastes fall under the jurisdiction of the Ohio Department of
Health, except in the case of shale gas wells where they fall under the jurisdiction of ODNR's Oil & Gas
Division. Landfills, however, fall under the jurisdiction of Ohio EPA as do their leachates and waste
water treatment plants. . . . .ORC 3701:1-43-07(I) that Oil & Gas wastes are exempt from ODH's
TENORM rules under ORC 1509.02. I also noted that wastewater treatment sludges were exempt at
draft 3701:1-43-07(J) under ORC 3745.11 (this is Ohio EPA's section). . . . . To Summarize:
1.
No agency in Ohio appears to have disposal jurisdiction or oversight of TENORM wastes
generated from oil & gas drilling. Nor, does it appear, do any of them have any plans to take on that
jurisdiction.
2.
Solid waste landfills can take TENORM cuttings without any type of permit or oversight. Since
this waste stream is specifically precluded from the jurisdiction of the Ohio Dept. of Health, it is NOT
the responsibly of the local health department to check for this waste stream or its potential radioactive
impacts.
3.
While downblending does lower the level of the radioactivity of the materials, it does not reduce
the actual radioactive load. In low level radioactive situations, you go from having some waste that is
radioactive to much more waste that is still radioactive. If I remember from the Ohio Blue Ribbon Panel
on Low Level Radioactive Waste that Truman Bennett was on in the 1990s, this was NOT a
recommended method of management.
4.
Chesapeake has formed a business partnership with Waste Management to take the cuttings
generated to Waste Management landfills, including American. ….”
6. Air impacts
a. http://www.chec.pitt.edu/documents/Marcellus%20Shale/GSPH_8-2710_MarcellusHealthOverview_Christen.pdf Fugitive natural gas emissions from separators
and produced water tanks may contain many contaminants: Methane and other hydrocarbons
(ethane, propane, butane) and water vapor are of relatively low human toxicity.▫ Others such as
hydrogen sulfide (H2S) are of more significant toxicity.▫ Some natural gas wells produce a condensate
which can contain complex hydrocarbons and aromatic hydrocarbons such as benzene, toluene, ethyl
benzene and xylene (BTEX).
b. http://www.endocrinedisruption.com/home.php Theo Coburn discusses the chemicals
typically used in HVHH gas drilling and the air pollution associated with the gas production.
7. Road impacts / impacts on tourism
a. http://www.stcplanning.org/usr/Program_Areas/Energy/Naturalgas_Resources/STC_Rumbach
MarcellusTourismFinal.pdf “typical well in the Marcellus Shale requires 5.6 million gallons of
water during the drilling process, almost always delivered by truck. . . .Because of its weight, the impact
of water [on roads, physically] hauled to one site (364 trips) is the equivalent of nearly 3.5 million car
trips. . . .A New York State Energy Research and Development Authority report estimates that for a
single well, between 890 and 1340 18-wheeler truck trips are necessary, in addition to support vehicles,
equipment transportation, ad automobile traffic” pgs. 15-16 “This is for a single well; while multiple
wells might be drilled per well pad, only a single well is drilled and fracked at a time” p. 16
This
report goes on to talk about the negative effects on tourism, housing and a lot more. Local
businesses have trouble paying enough to compete with what are temporary (though
somewhat long-term) jobs. The report also has some photos.
8. Human Impacts on Community Relationships
http://mediasite.cidde.pitt.edu/mediasite/SilverlightPlayer/Default.aspx?peid=689293c50f404f12b8c628
b8f2285780 "It's Like We're Losing Our Love" Documenting and Evaluating Social Change in
Bradford County PA During the Shale Gas Boom 2009-2011 by Simona Perry, PHD, Rensselaer
Polytechnic Institute, November 18, 2011. Dr. Perry set out to study rural life alongside a river and
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chose Bradford PA just as the drilling boom was beginning. After 3 years of study, she concludes that
the people's reaction in the county is similar to people who have experienced abuse.
Climate Change. Marcellus Shale Gas and Global Warming: Developing Natural Gas in the Marcellus and other
Shale Formations is likely to Aggravate Global Warming. Organized by GDAC, March 15, 2011.
http://www.youtube.com/watch?feature=player_embedded&v=EHg6Ueb2t-E. Bob Howarth, Renee Santoro, Tony
Ingraffea: Department of Ecology & Evolutionary Biology and School of Civil Environmental Engineering, Cornell
University. (58 min) http://www.epa.gov/climatechange/emissions/index.html &
http://www.epa.gov/methane/reports/03-naturalgas.pdf “Methane is emitted to the atmosphere through leaks and
by accidental and deliberate venting of natural gas during normal operations, i.e., production, processing,
transmission, and distribution. Because natural gas is often found in conjunction with oil, its production and
processing also emits methane.” “From wellhead to end user, the gas moves through hundreds of valves,
processing mechanisms, compressors, pipes, pressure-regulating stations and other equipment.
Whenever the gas moves through valves and joints under high pressure, methane can escape to the
atmosphere. In many instances, gas is vented to the atmosphere as part of normal operations. For
example, a major source of vented emissions are pneumatic de- vices, that operate valves using
pressure in the system and bleed small amounts of gas to the atmosphere when valves are opened and
closed. Another example of venting is the common industry practice of shutting down a compressor
and purging the gas in the compression chamber to the atmosphere.”
10. Economics and Corporate control
a.
b.
c.
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Water corporations working to promote shale gas drilling companies:
http://documents.foodandwaterwatch.org/PrivateWaterShaleGas.pdf
Economic Viability of shale gas. Deborah Rogers: In the Bakken Shale, only about 20% of drilled
wells are economically viable at present, we’ll have to get onto a “drilling treadmill” in order to make
prices in the U.S. rise enough to make shale gas viable. T. Boone Pickens is promoting transportation
dependent on natural gas---the result, Rogers says, is we’ll have to keep drilling and drilling.
http://www.youtube.com/watch?v=bYzU4bEfJ5U&feature=channel_video_titlehttps://mail.google.com/
mail/?shva=1#inbox/133e5ce4df6ec16b “Financial analyst Deborah Rogers has served on the
Advisory Council for the Federal Reserve Bank of Dallas since 2008. She was appointed in 2011 by the
Texas Commission on Environmental Quality (TCEQ) to a task force reviewing placement of air
monitors in the Barnett Shale region in light of air quality concerns brought about by the natural gas
operations in North Texas. She joined a regional steering committee for the Oil and Gas Accountability
Project (OGAP) in 2011 with responsibility for economic questions.”
“Energy independence.” Exports of liquid natural gas:
http://38.96.246.204/dnav/ng/ng_move_expc_s1_a.htm U.S.Energy Information Administration (EIA);
http://www.marketwatch.com/story/shale-gas-opens-door-to-us-lng-exports-2011-12-05?dist=afterbell
“Nowadays, energy companies are tapping into previously untouched North American gas reserves,
prompting them to take a hard look at ways to sell their new-found gas to the rest of the world.”
http://205.254.135.7/naturalgas/importsexport/annual/index.cfm “The growth in LNG exports in 2010
was driven by re-exports of LNG from the United States. Re-exports are shipments to foreign countries
of LNG that were previously imported, offloaded into above-ground LNG storage tanks, and then
subsequently reloaded onto tankers for delivery to other countries.”
http://seekingalpha.com/article/273436-lng-export-a-u-s-natural-gas-game-changer Morgan Stanley has
estimated that North American LNG export capacity may exceed 6 bcf/d by 2015, or around 10% of the
current US daily production of 60 bcf/d. Morgan Stanley said it expects the ramp-up of the LNG export
to ease the “current stranded price environment” as both the US and Canada have LNG export projects
in the works targeting LNG export by 2015.
http://news.nationalgeographic.com/news/energy/2011/11/111117-us-natural-gas-export/ “For Cheniere,
it would be a chance to revive its moribund import terminal at Sabine Pass, Louisiana, but conversion to
exports will require a $6 billion investment in liquefaction infrastructure. Cheniere's plan and other
proposals awaiting U.S. government approval seek export of up to 6.6 billion cubic feet per day, about
10 percent of the nation's output, according to Chris Smith, deputy assistant secretary for oil and natural
gas in the U.S. Department of Energy's Office of Fossil Energy. (Cheniere has approval from the
department to export the gas, but still needs construction permits from the Federal Energy Regulatory
Commission.)”
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