In the News

Sunoco Pipeline Explosion

On 9/10/18 a natural gas pipeline west of Pittsburgh exploded. One home, approximately 500 feet from the 24 inch pipeline, was destroyed. The explosion and fire exemplify the risks to life and property.
Natural gas pipeline blast in Beaver County prompts evacuation
An Energy Transfer Partners pipeline exploded this morning, destroying one home, no injuries reported
Beaver County resident Chuck Belczyk, who lives across the street from where a natural gas pipeline exploded Monday morning, shot this video of the resulting fire.

A meteor, a plane crash, a helicopter. That’s how residents of a quiet street in western Pennsylvania described an explosion along a brand new natural gas pipeline in the woods behind their homes.

The fire shot up 150 feet in the air, damaged power lines, and sent neighbors scrambling out of their homes.

Authorities said the explosion occurred shortly before 5 a.m. near Ivy Lane in Center Township, Beaver County. It destroyed one home about 500 feet from where the blast occurred, prompted evacuations […]

By |September 13th, 2018|Categories: In the News, Pipeline Construction, Property Rights|

Judges Halt Pipelines

Upon Judge direction, the Federal Energy Regulatory Commission (FERC) ordered stoppage of the construction of the Atlantic Coast Pipeline and the Mountain Valley Pipeline. The attached news story explains how environmental regulators are compelled by judges to provide mandated environmental protections.
What Happens When a Pipeline Runs Afoul of Government Rules? Authorities Change the Rules.
Federal authorities halted work on the massive Mountain Valley Pipeline this month after an appeals court ruled that federal agencies neglected to follow environmental protections.
Update, August 10, 9 p.m.: On Friday evening, the Federal Energy Regulatory Commission issued an order halting all work on the Atlantic Coast Pipeline. FERC cited an appeals court ruling that found the National Park Service and the U. S. Fish and Wildlife Service skirted environment rules when approving the $5.5 billion, 600-mile project.

A week ago, the federal government halted work on a massive pipeline project that runs from Northern West Virginia through Southern Virginia.

The government said it had no choice but to […]

By |September 6th, 2018|Categories: Condemnation, In the News, Pipeline Construction, Property Rights|

Boy Scout Award

Mike Faherty was provided the “Ideal Scout” award by the Lancaster Council of Boy Scouts. Mike an Eagle Scout and former Boy Scout employee, provided pro bono services to the Scouts when a scout camp was threatened by eminent domain. Mike was able to decrease the land acquired and increase compensation.

By |May 29th, 2018|Categories: Condemnation, In the News, Property Rights|

$5,000,000 Increase From Turnpike

The Pennsylvania Turnpike Commission condemned 70.9 acres through a 240 acre sportsman’s club. The Turnpike paid $1,750,000 for property damages and no funds for relocation damages. Faherty Law Firm provided representation and obtained a settelement  for an additional $5,000,000 in total damages.
Turnpike buys gun club land near near McDonald for $5 million
The Pennsylvania Turnpike Commission has acquired a key piece of property to allow the construction of an interchange on the Southern Beltway — and protect the safety of motorists.

But it came at a hefty price: $5 million.

That’s the amount the commission agreed to pay last week to buy 70.9 acres of land from the McDonald Sportsmen’s Association, leaving the association 168.4 acres of property off of Cooks Road between McDonald and Midway, Washington County.

The commission needs the land to build interchange 11 on the $800 million, 13-mile toll road that will link Route 22 to Interstate 79 on the Allegheny-Washington County border. That interchange will be on the northeast […]

By |May 10th, 2018|Categories: Condemnation, In the News, Transportation|

Delaware Riverkeeper Decision

The Pennsylvania Commonwealth Court has ruled for Sunoco Pipeline in the matter of Delaware Riverkeeper Network v. Sunoco Pipeline, No. 952 C.D. 2017 (Feb. 20, 2018). The court reasoned that a township lacks zoning authority to prohibit a pipeline facility regulated by the Pennsylvania PUC.

By |April 8th, 2018|Categories: In the News, 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|

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|

Mariner East 2 Pipeline Again Delayed

Sunoco Logistics Partners L.P. / Sunoco Pipeline has announced a delay in the start up (operation) of the Mariner East 2 proposed pipeline. Sunoco has now announced a plan of start up in the 3rd quarter of 2017. Sunoco attributed the delay to the Pa. Department of Environmental Protection permit process. Sunoco continues to attempt to obtain property rights from owners while eminent domain litigation continues in county and appellate courts.

Sunoco blames permit delays for later Mariner East 2 pipeline start-up
Written by: by Andrew Maykuth, Staff Writer / philly.com

Sunoco Logistics Partners LP said Thursday that it is pushing back next year’s start-up of the contentious Mariner East 2 pipeline to deal with unanticipated delays in obtaining permits from the Pennsylvania Department of Environmental Protection.

The 300-mile pipeline, which would deliver natural-gas liquids such as ethane and propane from the Marcellus Shale region to Sunoco’s Marcus Hook terminal, has aroused opposition from some adjoining property owners, as well as from environmental activists.

Michael […]

By |November 18th, 2016|Categories: Condemnation, Eminent domain, In the News, Pipeline Construction|

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|