Monthly Archives: February 2016

Mariner East 2 Delay

Sunoco Logistics admits Mariner East 2 delay. The CEO related the delay to permits, not needed property rights!
Sunoco Logistics delays Mariner East 2 pipeline
Construction of the Mariner East 2 pipeline, which has provoked landowner opposition along its route, has been pushed back until summer because of delays in obtaining permits, the pipeline’s operator announced Thursday.

Michael J. Hennigan, the chief executive of Sunoco Logistics Partners L.P., told investment analysts that more time was needed to obtain “hundreds of permits” required to build the cross-state pipeline, which will deliver Marcellus Shale natural gas liquids to Marcus Hook.

“I don’t like the word ‘delay,'” Hennigan said in response to an analyst who used the term. He said the the prolonged review was “not an intentional action” by any particular regulatory agency. The pipeline requires permits from several federal and state agencies, including the U.S. Fish and Wildlife Service, the Pennsylvania Department of Environmental Protection, and the U.S. Army Corps of Engineers.

No mention was made […]

By |February 25th, 2016|Categories: Condemnation, Eminent domain, In the News, Pipeline Construction, Property Rights|

Philadelphia Judge Provides Opinion Adverse to Eminent Domain Power

Clean Air Council and Impacted Landowners Defeat Sunoco Efforts to Throw Out Lawsuit Challenging
Mariner East Pipelines
Philadelphia, PA – The Philadelphia County Court of Common Pleas today rejected Sunoco Pipeline L.P.’s attempts to throw out a lawsuit challenging Sunoco’s Mariner East pipeline projects.  The Court ruled that plaintiffs Clean Air Council and two impacted landowners have standing to bring the case and the Court has jurisdiction to hear it.

If approved, the Mariner East projects would transport natural gas liquids—primarily ethane, propane, and butane—from Ohio, West Virginia, and Western Pennsylvania to the Marcus Hook Industrial Complex near Philadelphia for export overseas. Clean Air Council and the Law Offices of Pinnola and Bomstein argue that Sunoco should not be allowed to use eminent domain to build its Mariner East pipelines because Sunoco has not obtained the approvals necessary to give it rights of condemnation and because the projects would not serve any public need in the Commonwealth of Pennsylvania. While Sunoco has been […]

By |February 25th, 2016|Categories: Condemnation, Eminent domain, Pipeline Construction, Property Rights|

Ongoing Washington County Litigation vs. Sunoco

Attorneys Present Arguments in Sunoco Pipeline Case
An attorney for five Washington County property owners who face property losses to Sunoco Pipeline for its Mariner East project told a judge Thursday the company does not have the jurisdiction for eminent domain.

“They don’t need eminent domain to build pipelines,” attorney Michael F. Faherty of Hershey told Washington County Senior Judge William R. Nalitz. “This could be built without eminent domain.”

Sunoco attorney Stephanie Carfley countered that Sunoco is regulated by the Pennsylvania Public Utility Commission as a public utility and thereby has the authority to exercise eminent domain.
“The goal is not to use eminent domain,” Carfley said. “But that doesn’t mean we don’t have the power of eminent domain.”

Landowners want Nalitz to stop Sunoco’s efforts to take portions of their property by ruling the company does not have jurisdiction to exercise eminent domain.

They are Rodney Lee and Robin Louise Rohrer of 108 Poplar Road, Avella; John Paul Craig, Frank Stewart Craig and Timothy […]

By |February 22nd, 2016|Categories: Condemnation, Eminent domain, Pipeline Construction, Property Rights|

Faherty Law Firm Presents Evidence Against Sunoco Eminent Domain

Can Cumberland County farmland be taken for pipeline? Monday’s hearing to continue Feb. 29
It was difficult to tell who was getting more honks from passing cars – the handful of protesters or the man in a Statue of Liberty costume advertising a tax-preparation service.

But cars were honking, and what was clear from the signs the protesters carried was that they did not want Sunoco Pipeline’s proposed Mariner East II running through Cumberland County.

And while there were a few protesters outside of the Cumberland County Courthouse Monday morning, about 30 more people filled a courtroom, coming out in support of three Upper Frankford Township property owners who fear having a liquid natural gas pipeline running under their land.

It will devalue their properties, cutting them by about 40 percent, property owner Rolfe Blume said.
Property Owners Oppose Pipeline Upper Frankford Township resident Rolfe Blume addresses why he opposes Sunoco Pipeline’s plans to run a natural gas pipeline through his property.

And it could be […]

By |February 9th, 2016|Categories: Condemnation, Eminent domain, News, Pipeline Construction|

Donald Trump’s Errors on Eminent Domain

Ilya Somin provided a thoughtful commentary on Donald Trump’s comments on eminent domain. Somin is a Professor of Law at George Mason University.

Donald Trump’s lightweight defense of taking property for private development

By |February 9th, 2016|Categories: Condemnation, Eminent domain, Pipeline Construction|