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Delaware Riverkeeper Files Suit Against Sunoco Mariner East 2 Pipeline For Failing To Comply With Local Zoning

The Delaware Riverkeeper Network Wednesday, joined by directly impacted landowners, filed a lawsuit in the Chester County Court of Common Pleas against Sunoco’s Mariner East 2 Pipeline claiming it has not complied with local zoning.

The lawsuit requests the Court enjoin “Sunoco from maintaining, placing, or operating a “hazardous liquid and/or gas pipeline” or other prohibited use on the property that is not permitted under Zoning Ordinance.”

According to the complaint, Sunoco cannot construct the Mariner East 2 Pipeline, a hazardous, highly volatile liquids pipeline, in a manner that is inconsistent with West Goshen Township ordinances.

Construction of this hazardous liquids pipeline through residential areas violates the township’s zoning code, says the Delaware Riverkeeper Network.

Even if allowed, the proposed placement of this pipeline would require a conditional use approval and be subject to minimum setback requirements. The lawsuit asks the court to enjoin the construction and operation of the pipeline.

“Sunoco is flouting the requirements of local zoning and inflicting incredible harm on the community and our environment. This blatant violation of law, and constitutional rights, cannot be allowed to stand. It is unfortunate that West Goshen Township has not sought to defend the rights of its own residents. I am pleased for the opportunity to join with the community to defend their rights, and the rights of all communities in the Commonwealth of Pennsylvania, from being run over roughshod by the Sunoco Pipeline company,” said Maya van Rossum, the Delaware Riverkeeper, leader of the Delaware Riverkeeper Network, and a plaintiff in the case.

If constructed, Sunoco’s Mariner East 2 pipeline would transport natural gas liquids (NGLs) resulting from natural gas drilling activities from western Pennsylvania to the Marcus Hook Industrial Complex near Philadelphia.

The project requires construction of one or more pipelines and aboveground facilities in Delaware, Chester, and Berks counties, Pennsylvania. Sunoco has neither sought nor secured zoning approval from West Goshen Township for construction of the project, despite its clear conflict with existing ordinances in the municipality.

West Goshen zoning ordinances prohibit construction of hazardous liquid and gas transmission pipelines as proposed by Mariner East 2. In addition to being prohibited where proposed, even where such construction is allowed, it must receive conditional use approval (with public participation) and provide for a setback that is equal to or greater than the Pipeline Impact Radius.

This term is specifically defined in West Goshen Township’s ordinance for the purpose of avoiding “significant impact to people or property, including but not limited to noise, environmental, visual and other impacts which may be detrimental to health, safety and welfare of the community.”

Click Here for a copy of the complaint.

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