| Share this: | ||||
|
|
|
|
|
|
Washington County Judge Rules Sunoco Pipeline Did Not Have Eminent Domain Authority To Take Property For Mariner East Pipelines In Landowner Lawsuit Alleging Fraud
|
|
On February 7, Washington County Court of Common Pleas Judge Brandon P. Neuman ruled Sunoco Pipeline, LLC did not have eminent domain authority to take property for the Mariner East Pipelines in 2013 from Bradley and Amy Simon and possibly many other property owners. Judge Brandon P. Neuman said it is “undisputed that in 2013 the Mariner East pipeline was an interstate pipeline that provided no service in Pennsylvania and was regulated by the Federal Energy Regulatory Authority as common carriers under federal law with no eminent domain authority. Judge Neuman said since Sunoco was also not regulated as a public utility by the state in 2013, it also had no eminent domain power under state law. In 2013, Sunoco Pipeline approached Bradley and Amy Simon in Nottingham Township, Washington County about an easement related to the Mariner East Pipeline project. When asked about whether Sunoco had eminent domain authority, Sunoco produced a letter “setting forth the eminent domain authority of Sunoco Pipeline.” “Plaintiffs allege in their Second Amended Complaint that it is based on these representations and the belief that condemnation of their property was imminent that they signed the Right of Way Agreement on September 19, 2013. “Plaintiffs allege that in August 2014 “they learned that Defendant Sunoco Pipeline did not have eminent domain authority” in 2013 when the Right of Way was negotiated, and the Agreement was signed.” The Observer-Reporter said in an article on February 11 construction had begun on the Simon’s property in 2014 “causing soil erosion and muddy runoff that damaged a 3-acre pond on the property,” according to the lawsuit. The Simons filed their initial complaint in Washington County Court on June 8, 2015 and their second on December 2, 2016 alleging fraud, negligent misrepresentation, breach of contract and trespass. The Judge concluded "Sunoco did not possess eminent domain powers between February 2013 and September 2013 when they entered into negotiations with Plaintiffs and a right of way agreement was signed." Judge Neuman ordered the parties to attend a status conference on March 14 to discuss mediation options in this case. The Mariner East Pipelines originate in Ohio and West Virginia and travel across Pennsylvania to Bucks County and Philadelphia. Click Here for a copy of the ruling and order. [Note: Sunoco Pipeline/Energy Transfer were convicted of criminal charges for environmental violations in the construction of the Mariner East and Revolution Pipelines in 2022 by then Attorney General Josh Shapiro and fined $10 million for the violations. Read more here. [DEP and the PUC have penalized natural gas and natural gas liquids pipeline companies over $55 million for violations during their construction and operation, primarily those operated by Sunoco and Energy Transfer, including a record $30 million against Energy Transfer for the 2018 explosion of the brand new Revolution Pipeline in Beaver County. Read more here. [There is no state law or regulation that requires natural gas and hazardous liquids pipelines to carry something as basic as insurance or show they can pay for the deaths they cause or damages if pipelines explode, leak or kill someone, something every vehicle owner has to do. Read more here.] Resource Link: -- Observer-Reporter: Washington County Judge Rules Sunoco Did Not Have Eminent Domain Powers For Mariner East Pipeline In 2013 In Landowner Lawsuit Alleging Fraud [PDF of Article] PA Oil & Gas Industry Public Notice Dashboards: -- DEP: Southwestern Energy Prod Co. Failed To Comply With Act 2 Cleanup Standards At The Greenzweig Shale Gas Wastewater Impoundment In Bradford County After 5 Years [PaEN] -- DEP Signs Consent Order With Roulette Oil & Gas To Plug Shale Gas Well Abandoned For 8 Years In Hebron Twp., Potter County [PaEN] -- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - February 8 [PaEN] -- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - February 15 [PaEN] -- DEP To Hold March 11 Hearing On Air Quality Application For MarkWest Liberty Harmon Creek Natural Gas Processing Plant In Washington County -- DEP Posted 100 Pages Of Permit-Related Notices In February 8 PA Bulletin [PaEN] -- DEP Posted 86 Pages Of Permit-Related Notices In February 15 PA Bulletin [PaEN] Related Articles This Week: -- Washington County Judge Rules Sunoco Pipeline Did Not Have Eminent Domain Authority To Take Property For Mariner East Pipelines In Landowner Lawsuit Alleging Fraud [PaEN] -- On Feb. 13 Dept. Of Health, Penn State Project ECHO Webinar To Educate Medical Professionals, Public On Exposures To Natural Gas Facility Pollution; Real Washington County CNX Facility Case Study Used [PaEN] -- Governor’s Updated Regulatory Agenda Includes Proposed Annual Permit Fee For Shale Gas Wells; Updated Conventional Waste Disposal and Coproduct Waste Regs. [PaEN] -- DEP To Hold March 11 Hearing On Air Quality Application For MarkWest Liberty Harmon Creek Natural Gas Processing Plant In Washington County -- Marcellus Drilling News: Rain City Resources, Kendra II Agree To Set Up Pilot Plant To Extract Lithium From Marcellus Shale Wastewater In Susquehanna County [PaEN] -- Susquehanna River Basin Commission To Hold Business Meeting March 13, Including 6 Shale Gas Development Water Withdrawals [PaEN] -- Evangelical Environmental Network: FERC Approval Of PJM Fast Track Power Plant Plan Favors Natural Gas, Leaves Clean, Abundant Energy Behind For Pennsylvania [PaEN] -- DEP, Attorney General Announce $14,866,280 In Grants To Fund 79 Local Water Quality Improvement Projects Funded By Growing Greener, Natural Gas Pipeline Penalties [PaEN] -- Gov. Shapiro’s Budget Includes Energy Plan; Funding To Make-up Deficit In Oil & Gas Program; New State Park, Trail Initiative; Over $6.2 Billion In Federal Funding At Risk For DEP, DCNR, PennVEST [PaEN] -- Gov. Shapiro Files Lawsuit Challenging President's Unconstitutional Federal Funding Freeze In Order to Protect PA Interests; Mine Reclamation, Conventional Well Plugging, Many Other Funds At Risk [PaEN] NewsClips: -- Wall Street Journal: US Oil, Gas Frackers And Saudi Officials Tell President They Won’t Drill More No Matter How Many Regulations Are Rolled Back, Prices Are Too Low [PDF of article] -- The Energy Age Blog: Judge Rules Sunoco Didn’t Have Eminent Domain Power For Mariner East Pipelines Work In 2013; Lawsuit Claims Company Coerced Property Owners Into Allowing Easements -- Observer-Reporter: Washington County Judge Rules Sunoco Did Not Have Eminent Domain Powers For Mariner East Pipeline In 2013 In Landowner Lawsuit Alleging Fraud [PDF of Article] -- Inside Climate News - Kiley Bense: Pennsylvania’s New Energy Plan A ‘Betrayal’ To Those On Front Lines, Critics Say -- Inside Climate News - Jon Hurdle: New Data Shows Shell Petrochemical Plant In Beaver County Failed To Boost Local Economy -- WSJ: US Imposes 10% Tariff On Canadian Oil, Gas, 25% On Other Products [PDF of Article] [United Refining In Warren Uses 70,000 Barrels Of Canadian Oil A Day ] [Tariff Temporarily Suspended] -- Post-Gazette - Anya Litvak: Chinese Tariffs On US Exports Of Natural Gas, Coal, Energy To China Bring Deja Vu To Local Players -- AP: President Creates Council For ‘Energy Dominance,’ Boosts Natural Gas Exports And Offshore Drilling -- The Allegheny Front - Reid Frazier: Will Appalachian Hydrogen Hub Survive As President Takes Aim At Clean Energy? -- Wall Street Journal: US Oil, Gas Frackers And Saudi Officials Tell President They Won’t Drill More No Matter How Many Regulations Are Rolled Back, Prices Are Too Low [PDF of article] [Posted: February 11, 2025] |
|
2/17/2025 |
| Go To Preceding Article Go To Next Article |