The Mariner East 2 Pipeline (“Pipeline”) is a natural gas liquid pipeline being constructed in Pennsylvania.[1] The pipeline, which is expected to span three states and 350 miles, will transport natural gas liquids from Ohio and Western Pennsylvania to a refinery in Marcus Hook, Pennsylvania, where it will be distributed domestically and abroad.[2] Sunoco Logistics, who owns the pipeline, estimates that once completed, the pipeline will “sustain 300-400 permanent jobs and contribute at least $100 million annually to the Pennsylvania economy.”[3] Controversy still surrounds the construction of the pipeline.[4]
In early 2018, the Pennsylvania Department of Environmental Protection (“DEP”) issued a fine of $12.6 million to Sunoco, one of its largest fines ever, and suspended the company’s permit to construct over its mishandling of the construction of the pipeline.[5] DEP levied the fine because drilling fluids were spilling into the state’s waterways, conduct that the DEP found “willful and egregious”.[6] Sunoco resumed construction in February 2018 after explaining how it would remedy the fluid spills.[7]
Now, over a year after construction resumed, Sunoco faces yet another legal battle, this time, from Chester County, a county adjacent to Marcus Hook.[8] The county’s interest rests on the fact that part of the drilling is to be done on county owned land.[9] The county seeks a permanent injunction against the construction of the pipeline due to Sunoco’s use of an open trench construction method.[10] Chester County contends that the open trench method of construction will put the safety and welfare of its citizens at risk.[11] Additionally, the county asserts that by planning on using the open trench method, Sunoco is violating an agreement between the parties that stated Sunoco would only use a bore drilling method of construction on certain lands belonging to the county.[12] The county believes that the bore method is a safer alternative to open trench, and Sunoco could potentially cause adverse impacts to the county and its citizens. The Chester County Common Pleas Court, a seemingly favorable venue for the county, will adjudicate the case, however, the issue could become moot if Sunoco finds alternative lands to construct the rest of the pipeline.[13]
[1] Sunoco Pipeline – Mariner East, Chesco Planning (last visited Apr.14, 2019), http://www.chescoplanning.org/pic/ProjectsMariner.cfm.
[2] Id.
[3] Mariner East Projects, Chesco Planning (last visited Apr. 14, 2019), http://www.chescoplanning.org/pic/pdf/meFactsheet011717.pdf.
[4] See John Hurdle, Mariner East 2: Sunoco’s incidents, fines and shutdowns fuel residents’ safety concerns, State Impact Pennsylvania (Sept. 25, 2018), https://stateimpact.npr.org/pennsylvania/2018/09/25/mariner-east-2s-incidents-fines-and-shutdowns-fuel-residents-safety-concerns/.
[5] Marie Cusick, Sunoco to resume work, pay $12.6 million for Mariner East 2 pipeline violations, State Impact Pennsylvania (Feb. 8, 2018), https://stateimpact.npr.org/pennsylvania/2018/02/08/sunoco-to-resume-work-pay-12-6-million-for-mariner-east-2-pipeline-violations/.
[6] Id.
[7] Id.
[8] Michael P. Rellahan, Chesco files lawsuit to halt Sunoco pipeline construction, Daily Local News (Apr. 11, 2019), https://www.dailylocal.com/news/chesco-files-lawsuit-to-halt-sunoco-pipeline-construction/article_3aab555c-5b9f-11e9-9520-a31e877ab36c.html.
[9] Id.
[10] Id.
[11] Michael P. Rellahan, Chesco files lawsuit to halt Sunoco pipeline construction, Daily Local News (Apr. 11, 2019), https://www.dailylocal.com/news/chesco-files-lawsuit-to-halt-sunoco-pipeline-construction/article_3aab555c-5b9f-11e9-9520-a31e877ab36c.html.
[12] Id.
[13] Id.
-Rohan Mohanty
