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.
