Eminent domain

Township Proclamation Concerning Sunoco Pipeline

Thornbury Township in Delaware County, Pennsylvania has issued a Proclamation expressing great concern about Sunoco Pipeline use of Mariner East 1 and the Mariner East 2 proposal.

Thornbury Hazardous Liquids Proclamation

By |September 28th, 2016|Categories: Eminent domain, Pipeline Construction, Property Rights|

Faherty Law Firm Defends Property Rights in Commonwealth Court

Lawyer tries to stop seizure of farmland
A July Cumberland County Court ruling gave Sunoco Pipeline the go-ahead to use eminent domain to take a portion of Upper Frankford Township farmland for the Mariner East II pipeline.

But on Friday, the landowners’ attorney filed notice that he is appealing the decision to Commonwealth Court. Property owners Rolfe Blume, John Perry and Alan Waters were in court in February, arguing through their attorney, Mike Faherty, that Sunoco Pipeline does not have the authority to take parts of their land.

Faherty told the court that under state law, eminent domain cannot be used for private enterprise, even if there is an element of public use.

The pipeline would move liquid natural gas from Ohio to the Delaware River for shipment overseas, making it subject to federal regulations and not the state regulations that allow for eminent domain, he said.

But judges in Huntingdon and Washington counties, as well in another Cumberland County case with different property owners, […]

By |August 5th, 2016|Categories: Condemnation, Eminent domain, Pipeline Construction, Property Rights|

Faherty Law Firm to Appeal Mariner East 2 Ruling

The Commonwealth Court has affirmed a Cumberland County ruling which approved eminent domain power for the Mariner East 2 pipeline. Michael Faherty represented the three involved property owners. Faherty Law Firm is requesting review by the Pennsylvania Supreme Court. That court has issued past decisions which have strongly protected the property rights of Pennsylvania citizens. Some of these cases were cited by the Honorable P. Kevin Brobson of the Commonwealth Court in his dissenting opinion.

The entire Commonwealth Court decision may be found by clicking here.

Split Pa. court hands property owners a loss in fight against land seizures for Sunoco pipeline
A sharply-divided Commonwealth Court panel on Thursday dealt three Cumberland County couples a blow in their attempts to block Sunoco Logistics from seizing part of their properties for the Mariner East II natural gas transmission pipeline.

The court majority did that by upholding county President Judge Edward E. Guido’s decision issued last year to dismiss preliminary objections R. Scott and Pamela Martin […]

By |July 19th, 2016|Categories: Condemnation, Eminent domain, Pipeline Construction, Property Rights|

Atlantic Sunrise Alternatives

The Federal Environmental Protection Agency has requested that FERC more fully explore two alternatives to the proposed pipeline. Williams Company is expected to provide additional information to FERC to support the existing pipeline proposal.

Faherty Law Firm represents many property owners threatened by the pipeline proposal. The law firm has negotiated easement terms which are much more favorable to the property owners. Settlements have been reached with increased compensation.
PA raises concerns about Atlantic Sunrise pipeline
By Marie Cusick | StateImpact

The Environmental Protection Agency is raising concerns about the potential impacts of the proposed Atlantic Sunrise natural gas pipeline.

In a letter sent last week to the Federal Energy Regulatory Commission (FERC) the EPA criticizes FERC’s draft environmental impact statement, which found the pipeline would not create significant adverse impacts.

Although FERC is charged with making the final decision about whether the project moves forward, the commission did not fully examine alternative options to building a 197.7 miles of new pipeline, according to the EPA. […]

By |July 12th, 2016|Categories: Condemnation, Eminent domain, Pipeline Construction, Property Rights|

Clean Air Council Order

The Clean Air Council filed a suit which sought to prevent Sunoco Pipeline from using eminent domain for the Mariner East 2 pipeline. A Philadelphia County Judge denied the Sunoco preliminary objections. Sunoco Pipeline asked the Commonwealth Court for the opportunity to appeal that Order. On June 21, 2016 the Commonwealth Court denied the Sunoco request to appeal. The Clean Air Council will now move forward with the suit seeking and order to prohibit Sunoco from attempting to use eminent domain power for Mariner East 2.

By |June 23rd, 2016|Categories: Condemnation, Eminent domain, Pipeline Construction, Property Rights|

Williams Company Atlantic Sunrise Pipeline Faces Opposition

Opposition to the Atlantic Sunrise pipeline has focused on the absence of a public need for the pipeline. Dr. Dennis Witmer has supplied evidence refuting the asserted public need for Atlantic Sunrise. He also testified to the absence of a public need for the Sunoco Pipeline Mariner East 2 pipeline. The Federal Energy Regulatory Commission continues to evaluate the Atlantic Sunrise proposal. Faherty Law Firm represents many property owners threatened by the Atlantic Sunrise proposal.
Battle’s new front: pipelines
As low prices for natural gas cause drillers to pull up stakes, companies are building conduits to move fuels to ports. Midstate residents are trying to stop the projects.

Written by: Colin Deppen | Patriot News

The energy boom of the last decade has, in the last year, grown eerily silent.

The drilling of new wells has slowed with the fuel supply outpacing demand and low prices dogging the market.

In response, drillers have moved out of Pennsylvania towns, leaving behind empty rental homes and ancillary businesses […]

By |June 21st, 2016|Categories: Eminent domain, Pipeline Construction, Property Rights|

Atlantic Sunrise Challenge

The Williams Company proposal of the Atlantic Sunrise pipeline has been challenged by a lawsuit in Philadelphia. The timing of the progression of the lawsuit is uncertain. Williams Company hopes to have approval by the Federal Energy Regulatory Commission in October.
Group sues to derail pipeline
The Delaware Riverkeeper Network says a gas line that would run through 10 counties would violate the Clean Water Act.
Written by: Colin Deppen | Patriot News

After overcoming a series of regulatory hurdles, the Atlantic Sunrise Pipeline project has been dealt a potential setback as a lawsuit challenges its legality and that of its newly issued permits.

In the suit filed in the Third Circuit Court of Appeals in Philadelphia, the Delaware Riverkeeper Network of Bristol challenges state water-quality permits issued by the Department of Environmental Protection for the 200mile, 10-county, $2.6 billion natural gas pipeline project.

The group claims the project and water-quality plan would violate the federal Clean Water Act.

Maya van Rossum, a spokeswoman for the network, […]

By |May 16th, 2016|Categories: Eminent domain, Pipeline Construction, Property Rights|

Federal Regulations Undermine Sunoco Eminent Domain Argument

The Sunoco Pipeline litigation to obtain Pennsylvania eminent domain power has consistently resulted in Sunoco arguing that Mariner East 2 is interstate and intrastate. However, the federal regulations concerning such hazardous liquids pipelines state that a pipeline is interstate or intrastate, but not both. Application of the federal regulations strongly appear to define the proposed pipeline as interstate only, so that eminent domain power would be denied per exclusive federal jurisdiction (49 CFR Part 195 – Appendix A) and the definitions of Interstate pipeline and Intrastate pipeline (49 CFR 195.2).

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

Pipeline Companies Are Not Too Big To Fight

Pennsylvania property owners possess constitutional rights which protect private property. Faherty Law Firm represents property owners across the State in protection of property rights threatened by eminent domain. Sunoco Pipeline efforts to obtain eminent domain power for Mariner East 2 were defeated via Mike Faherty’s representation in Sunoco v. Loper. Sunoco then proposed onloading and offloading locations in Pennsylvania. However, a federal regulation, 49 C.F.R. Part 195 – Appendix A, states that the jurisdiction is exclusive federal jurisdiction. Judges, particularly appellate judges, may decide that exclusive federal jurisdiction prevents Sunoco from obtaining eminent domain power. Mike Faherty argued that issue on March 9, 2016 before the Commonwealth Court. A decision on this expedited appeal is expected in May or June.
Landowners lose before judge rules
Witten by: Candy Woodall and Colin Deppen |  Patriot-News

The woods that gave Pennsylvania its name have become battlegrounds in pipeline wars. These are passionately fought legal cases that pit rural landowners against huge corporations tasked with revolutionizing […]

By |April 13th, 2016|Categories: Condemnation, Eminent domain, Pipeline Construction, Property Rights|

Threatened by Eminent Domain?

The US News and World Report has provided sound guidance for those threatened by eminent domain.
What to Do When You’re a Homeowner Threatened With Eminent Domain
Take steps to protect your rights as a property owner so you’re not left out in the cold.
You worked hard to become a homeowner, and it’s something you’re proud of. Between mortgage payments and the improvements you’ve always wanted to make, you work even harder to make it the home of your dreams – and to keep it that way.

But in the case of eminent domain, it’s out of your hands. A clause in the Fifth Amendment to the Constitution limits the government’s right to take private property for public use by requiring the property owner be given “just compensation” in return.

Eminent domain and what the government – either federal, state or local – has deemed “public use” has been a hot-button topic for years. While the taking of property in whole to build a […]

By |March 30th, 2016|Categories: Condemnation, Eminent domain, Pipeline Construction, Property Rights|