Monthly Archives: August 2017

Atlantic Sunrise Condemnations

A challenge to eminent domain by a group of Roman Catholic nuns has been defeated. Federal Judge Jeffrey Schmehl approved the use of eminent domain for a project which was approved by the Federal Energy Regulatory Commission. Challenges, after Federal Regulatory approval via the Natural Gas Act, are regularly denied by Federal judges. Williams Company wrote in August of 2017 that construction will commence on or about September 15, 2017.
Judge grants pipeline builder possession of properties
A judge gave the builder of the Atlantic Sunrise gas pipeline possession of five remaining properties in Lancaster County on Wednesday, including a right of way through land owned by Roman Catholic nuns near Columbia, LancasterOnline reported.

U.S. Eastern District Court Judge Jeffrey Schmehl granted the Transcontinental Pipe Line Co.’s motion to condemn the rights of way.

The Atlantic Sunrise project is a $3 billion expansion of the existing Transco natural gas pipeline system, which delivers about 40 percent of the natural gas consumed in Pennsylvania.

The project […]

By |August 31st, 2017|Categories: Condemnation, Pipeline Construction, Property Rights|

Draft Settlement Re Mariner East 2 Spills

In draft deal, Sunoco agrees to new pipeline drilling conditions as groups withdraw court challenge
Sunoco Pipeline agreed on Tuesday to meet new environmental safeguards for drilling on its Mariner East 2 pipeline project in return for withdrawal of a court challenge by three environmental groups.

The two sides reached a draft settlement agreement that may avert a hearing before Pennsylvania’s Environmental Hearing Board if the judge in charge of the case approves the details. A ban on many of Sunoco’s horizontal directional drilling sites, imposed by Judge Bernard Labuskes on July 25, remains in place until he decides whether to sign off on the deal.

The hearing that was due to begin Wednesday has been canceled.

If the judge confirms the agreement, Sunoco will take steps to protect private water wells, some of which were contaminated by the drilling in recent months. The company agreed to notify landowners within 450 feet of a horizontal drilling location ten days before it starts work there, […]

By |August 9th, 2017|Categories: In the News, Pipeline Construction, Property Rights|

FERC Asked to Investigate Mariner East 2

Recent construction spills and contaminated water has resulted in a U.S. Congress request for a FERC investigation. In the interim, a Pennsylvania Environmental Board hearing which was scheduled for August 7 was postponed to August 9 while negotiations progress concerning the order to halt horizontal drilling.
Democratic lawmakers ask FERC to investigate Mariner East 2 pipeline builder
Two ranking Democrats in Congress have asked the Federal Energy Regulatory Commission (FERC), to further investigate the practices of pipeline builder Energy Transfer Partners, which has merged with Sunoco Logistics, after spills and permit violations occurred on two of its major projects in three different states, including the Mariner East 2 pipeline here in Pennsylvania.

In a letter to FERC last Thursday, Congressman Frank Pallone Jr., and Washington state Senator Maria Cantwell, detail recent spills in Ohio, West Virginia and Pennsylvania, and criticize the company for misleading regulators by destroying an historic home in Ohio. StateImpact reported recently on a judge ordering ETP/Sunoco to stop construction […]

By |August 9th, 2017|Categories: In the News, Pipeline Construction, Property Rights|

Sunoco Pipeline Construction Spills

Property owners along the route of the Mariner East 2 construction would be wise to inspect their property following multiple construction spills. The following news story discusses the spills. The referenced list of 49 incidents is also included. View the list here. Construction spills could result in DEP fines. They could also result in Sunoco Pipeline liability for property harm beyond acquired property rights.
DEP issues few violations, one fine for Sunoco’s pipeline construction spills
Pennsylvania’s Department of Environmental Protection has issued four Notices of Violation, one consent order and one fine to Sunoco Pipeline for dozens of drilling mud spills that occurred along the length of the Mariner East 2 pipeline construction project. The DEP released a statement on Friday describing its efforts to manage Sunoco’s construction of the 350-mile long pipeline where drilling has caused water-contamination incidents in recent weeks.

DEP also provided a link to a list of 49 incidents, as well as copies of the Notices of Violations, one […]

By |August 9th, 2017|Categories: Eminent domain, Pipeline Construction, Property Rights, Uncategorized|

Temporary DeFacto Taking

The Pennsylvania Commonwealth Court has explicated that a de facto “in effect” taking can take place over a specified period of time. In Re Mountaintop Area Joint Sanitary Auth. v. DeLuca, No. 1318 CD 2016 (July 12, 2017) the court noted that a sewer-authority chose to operate a system in a manner which would sporadically flood the landowners home. The court found that an easement was taken for a period of nearly five years. A Board of Viewers will determine damages per the Pennsylvania Eminent Domain Code.

One week later Faherty Law Firm presented evidence that a Centre County Township effectuated a temporary de facto taking via use of the landowners property as a shortcut between two public roads.

By |August 2nd, 2017|Categories: Condemnation, Eminent domain, In the News, Property Rights, Uncategorized|