Judge tosses challenges to Sunoco's efforts to take land for cross-state gas pipeline
A state judge has dismissed challenges by three Cumberland County landowners to Sunoco Pipeline's exercise of eminent domain, reinforcing the Philadelphia company's effort to build its cross-state Mariner East pipeline.
A state judge has dismissed challenges by three Cumberland County landowners to Sunoco Pipeline's exercise of eminent domain, reinforcing the Philadelphia company's effort to build its cross-state Mariner East pipeline.
The company, whose plans to transport Marcellus Shale natural gas liquids to Marcus Hook have encountered resistance, said the decision is consistent with rulings by other courts and with the Pennsylvania Public Utility Commission's determination that Mariner East is a public utility service.
Michael F. Faherty, a Hershey eminent-domain lawyer who represents about 100 landowners in the Mariner East's path, said the ruling is narrow. He said Sunoco's claim of eminent-domain authority is still in contention.
"I think it will ultimately be decided in the appellate court," he said.
The pipeline company, a subsidiary of Sunoco Logistics Partners L.P., is already pumping propane through the first Mariner East pipeline, an existing conduit that the company repurposed to carry natural gas liquids from Western Pennsylvania to its Delaware River terminal.
Sunoco's efforts to add a second and third pipeline are generating more backlash because they require the expansion of rights of way for the entire 300-mile route.
Sunoco says it is spending $3 billion on the Mariner East pipeline as well as storage, processing equipment, and an export facility in Marcus Hook.
The Clean Air Council is also challenging Sunoco's public utility status in Philadelphia court. The environmental group says the PUC has no jurisdiction over the pipeline, because Sunoco had no intention to ship natural gas liquids intrastate for public use.
In a one-page ruling Tuesday, Cumberland County Common Pleas Court Judge Edward Guido threw out claims by three landowners. He accepted Sunoco's argument that the Mariner East project will handle both intrastate and interstate traffic, and fell under the jurisdiction of the PUC.
The PUC last year ruled the project is a public utility, which gives Sunoco eminent-domain authority, the power to acquire private property or easements over the owners' objections.
"We are confident that our negotiations with landowners will continue to produce agreements that are acceptable to all parties and avoid the condemnation process whenever possible," the company said in a statement.
"Sunoco Pipeline regards eminent domain as a last resort, for use cautiously only when negotiations with a landowner fail and can impede the successful completion of the project."
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