Sunoco Pipeline has often stated that it has eminent domain power for the Mariner East 2 Pipeline. Faherty Law Firm represented many property owners in 2013 and 2014 against Sunoco Pipeline. That litigation resulted in Mike Faherty’s litigation win against Sunoco Pipeline in the York County case of Loper v. Sunoco. The Judge ruled that Sunoco Pipeline did not have the power of eminent domain for Mariner East 2.
In July of 2015 Sunoco Pipeline appeared in Washington County Court and again requested eminent domain power for the Mariner East 2 Pipeline. Mike Faherty represents many property owners now threatened by the Mariner East 2 Pipeline. He presented written and oral argument that the request for eminent domain power should be denied. Mike argued that the Loper decision serves to prevent Sunoco from again litigating the same issue. Mike also requested the dismissal of the litigation, with payment of the fees and costs of the property owners based on federal, not state, jurisdiction. The Judge has favored the property owners by an order allowing the property owners litigation to move forward, while the request for eminent domain power is stayed, or in other words, on hold.