Sunoco Pipeline has repeatedly rejected efforts to negotiate easement terms for the Mariner East 2 pipeline. Mike Faherty recently presented a counter-offer with proposed easement terms for a Lebanon County property owner. Sunoco rejected the counter-offer and refused to negotiate on easement terms or financial compensation. Instead, Sunoco Pipeline continues to attempt to obtain rulings from Pennsylvania judges to approve Pennsylvania eminent domain power for the interstate pipeline. Litigation is pending in multiple counties and Sunoco Pipeline has not obtained the requested eminent domain power.
Mike Faherty represented property owners on September 9, 2015 in Blair County litigation in Hollidaysburg. Sunoco Pipeline obtained a hearing on a request for a preliminary injunction to allow survey rights across two properties for the Mariner East 2 pipeline. Mike presented oral and written argument to support denial of the survey rights based on the absence of eminent domain power. Mike argued that the eminent power was lacking because: (1) the Loper v. Sunoco decision prevented Sunoco Pipleine from relitigating the 2014 denial of eminent domain power, (2) caselaw requires a Certificate of Public Convenience and Necessity and the legislature has not provided eminent domain power for the interstate pipeline. A decision on survey rights is expected soon.