The Sunoco Pipeline Mariner East 2 pipeline construction as resulted in many spills and permit violations. The Pennsylvania Department of Environmental Protection warned Sunoco Pipeline and then suspended construction. Later, the DEP agreed to allow the restart of construction via a $8,600,000 fine. Faherty Law Firm had negotiated temporary construction easement down from 36 months to 18 months. Now, Sunoco seeks an extension of the temporary construction easements to complete required work. Property owners are not obligated to sell the extension of the prior easements. Faherty Law Firm represents property owners threatened by additional property rights requests from Sunoco Pipeline.
A new volunteer organization is working to protect private property rights in Pennsylvania. Join in this admirable cause via ProtectOurPA@gmail.com.
Pennsylvania Landowners Coalition Fighting to Restrict Eminent Domain for NatGas Pipelines
A new coalition formed by landowners in Pennsylvania wants to strengthen private property rights and lobby lawmakers to limit the use of eminent domain by natural gas pipeline companies working across the state.
Protect Our Pennsylvania organized its first rally at the state Capitol in Harrisburg on Tuesday. It issued an invitation to supporters on social media, indicating the rally would be a public meeting to strengthen its mission of “individual rights to private property and public safety over statewide abuse of eminent domain.”
The coalition cited landowners’ struggles with Sunoco Logistics Partners LP’s Mariner East (ME) 2 pipeline and said it wants eminent domain to be applied more narrowly as more midstream companies work to build-out infrastructure to serve Marcellus and Utica shale production.
The 350-mile ME 2 would transport ethane, butane and […]
The New Jersey Department of Environmental Protection had previously presented concerns with the environmental impacts of the proposed pipeline from northeastern Pennsylvania into New Jersey. Now, the Department has taken the more agressive step of asking the federal regulators of FERC to reconsider the FERC approval from last month. Traditionally federal and state regulators have been very supportive of pipeline development. This filing follows the recent trend of more active regulatory oversight.
NJDEP asks Feds to reconsider PennEast pipeline decision, setting up potential legal battle
The NJDEP has asked FERC to place a stay on eminent domain proceedings by the controversial pipeline company.
The New Jersey Department of Environmental Protection filed a request with federal regulators Friday, asking that they reconsider a key decision regarding the controversial PennEast pipeline. The move signals an escalation in the DEP’s opposition to the project and could set the table for a legal battle.
In January, the Federal Energy Regulatory Commission granted a certificate to PennEast that would […]
A natural gas pipeline proposed for Luzerne County, Pennsylvania to Mercer County, New Jersey has been approved by FERC. The application still needs permits from the Delaware River Basin Commission and the New Jersey Department of Environmental Protection. The company has filed eminent domain documents. Property owners are encouraged to protect their property rights.
PennEast pipeline seeks eminent domain, plus U.S. marshals to protect workers
The PennEast Pipeline Co. filed eminent domain notices in federal court to obtain access to land owned by dozens of people in New Jersey and Pennsylvania who have refused its offers of compensation for building the proposed natural gas pipeline on their property.
Court documents were filed in both states on Tuesday, asking the courts to allow the company to immediately take possession of the rights of way where the pipeline would be built on individual properties.
The company also asked the court to approve the presence of federal marshals to “enforce the Court’s injunction” and to prevent landowners and their supporters from impeding construction.
The filing said that landowners and their supporters have […]
The Pennsylvania DEP ordered a January 3 halt to the Mariner East 2 pipeline construction following multiple permit violations. The DEP has now allowed a February 8 restart to construction following an agreement with Sunoco Pipeline with a fine of $12,600,000. The DEP will monitor further construction.
The delay has led Sunoco to offer the purchase of additional one year easements for ongoing construction/remediation work. Property owners are not obligated to agree. Faherty Law Firm is providing legal representation to owners approached by Sunoco Pipeline for additional property rights.
Sunoco fined $12M, but allowed to resume work on Pa. pipeline
Pennsylvania regulators are fining Sunoco more than $12 million for problems with a massive natural gas pipeline project, but letting work resume under a consent agreement.
The Department of Environmental Protection said Thursday that Sunoco Pipeline has made changes since work on the $2.5 billion Mariner East 2 pipeline was halted Jan. 3.
Rolfe Blume holds up bottles of water that he said came from […]
Rolfe Blume of Upper Frankford Township near Carlisle, Pennsylvania operates a gun shop on his property and supports the 2nd Amendment right to bear arms. He also has vigorously fought for 5th Amendment property rights. His challenge to the Mariner East 2 pipeline as being for private enterprise, rather than for a public purpose, is pending before the Pennsylvania Supreme Court. Recently his multiple complaints to the Pennsylvania Department of Environmental Protection helped convince the Department to suspend the pipeline construction.
Man sees halt in pipeline construction as small victory
“They ruined my place, they ruined my life, they ruined everything. There is so much stuff they’re doing wrong, it’s a danger to people and property. It should have been stopped a long time ago.” – Rolfe Blume
Construction of the pipeline planned to ship liquid natural gas across the state has been put on hold over multiple violations, and that comes as no surprise to one Cumberland County man.
“I haven’t had water […]
The Pennsylvania Department of Environmental Protection has suspended Mariner East 2 construction. Multiple Sunoco Pipeline violations, including some against Faherty Law Firm clients, have led the PA DEP to order a halt on construction.
DEP stops construction on Mariner East 2 pipeline after multiple violations
The Pennsylvania Department of Environmental Protection has suspended all work on the Mariner East 2 pipeline after citing multiple violations.
The 24-page order suspends all construction permits until Sunoco Pipeline LP meets all requirements outlined in the order. Crews can still perform maintenance of erosion controls and limited maintenance of horizontal directional drilling equipment.
“Until Sunoco can demonstrate that the permit conditions can and will be followed, DEP has no alternative but to suspend the permits,” said DEP Secretary Patrick McDonnell in a news release. “We are living up to our promise to hold this project accountable to the strong protections in the permits.”
Some of the terms Sunoco must adhere to include:
Addressing all impacts to private water wells […]
Faherty Law Firm continues in representation of multiple property owners threatened by the Sunoco Pipeline Mariner East 2 Pipeline. Petitions for Allowance of Appeal are pending before the Pennsylvania Supreme Court. The primary challenge is that the pipeline is primarily for private, not public, use. The attached StateImpact publication provides further updates.
Top 10 things you need to know about Mariner East 2
Updated, 1:25 p.m. Jan. 3: The DEP has suspended all construction of the Mariner East 2 pipeline, citing permit violations.
Original story: It’s 18 months behind its original schedule, and beset by lawsuits, drilling mud spills, damaged aquifers, a court order and angry residents.
But Mariner East 2, the cross-state natural gas liquids pipeline, is expected eventually to create jobs and provide a lucrative link to world markets for the rich reserves of Pennsylvania’s Marcellus Shale. Sunoco says some gas will be sold domestically as propane. But the bulk of the gas will be shipped to places like Scotland and Sweden, […]
The Fifth Amendment to the United States Constitution allows for the condemnation of private property “for public use”. State Constitutions and law similarly limit eminent domain power to only be authorized for a valid public use. If FERC insists on approving pipelines without an adequate public purpose, the law could allow that without eminent domain power. The pipeline companies could then buy property rights from willing sellers. Such is the thrust of the law in the authorizations of hazardous liquid pipelines, as contrasted with natural gas pipelines.
FERC sued over alleged ‘unconstitutional’ granting of pipeline certificates
Via NJ Spotlight
In another challenge to the expansion of natural-gas pipelines, a conservation group is accusing a federal agency of unlawfully allowing the taking of private land in a complaint filed in the U.S. District Court in Trenton.
The lawsuit filed against the Federal Energy Regulatory Commission by the New Jersey Conservation Foundation is the latest legal entanglement involving the 120-mile PennEast pipeline, a project spanning two […]
An independent analysis has revealed the data showing that federal regulators approved U.S. pipelines providing capacity more than double consumption. The report provides support to those challenging pipeline approval and the use of eminent domain power as lacking the required public need. Challenges to pipelines based on a lack of a public need have improved, albeit still limited, chances of success.
New gas pipeline capacity sharply exceeds consumption, report says
Charges that the U.S. pipeline industry is building far more natural gas pipelines than it needs are being fueled by a new report showing that the capacity of lines approved by federal regulators over the last two decades was more than twice the amount of gas actually consumed daily in 2016.
The report by the independent Analysis Group for the Natural Resources Defense Council said the Federal Energy Regulatory Commission has approved more than 180 billion cubic feet a day (bcf/d) of new pipeline capacity since 1999, when it began its current policy […]