Legal update: Council Wins First Round Against Sunoco
From: Clean Air Council, Philadelphia, Harrisburg, & Wilmington, DE
Source: http://www.cleanair.org/
Sunoco has been behind many of the pipelines now criss-crossing
Pennsylvania, including the proposed Mariner East pipelines. Now Sunoco is trying to
use eminent domain to build pipelines. Eminent domain allows Sunoco to
seize landowners' property for construction, regardless of whether the
landowner agrees to it or not.
How can Sunoco, a private company, get away with this? Part of the reason
lies with the Pennsylvania Public Utility Commission (PUC). The PUC is able
to grant or deny public utility status, which comes with the right of
eminent domain. The PUC is supposed to do this by determining what best serves
the public needs of Pennsylvanians. Sunoco is saying that its Mariner East
pipelines, which would carry chemicals dug up during fracking operations,
serve a public need.
The Council recently took Sunoco to court over this claim. While it's
sometimes true that pipelines deliver chemicals that serve a public need for
Pennsylvanians, it's not true of the Mariner East pipelines specifically.
Sunoco will be delivering chemicals to the Marcus Hook Industrial Complex in
Philadelphia for export overseas, meaning the residents of Pennsylvania
would see little benefit from their construction.
Sunoco tried to quash the Council's argument before it gained steam,
asking the Philadelphia Court of Common Pleas to throw out our case. But on
February 5th, the court ruled against Sunoco and sent the case to the next
highest court, the Superior Court of Pennsylvania, to hear and decide on. No
date has been set for the next hearing on this case, but the Council will
keep its members and supporters updated on the case as it progresses through
the courts.
For more information on this case please contact Alex Bomstein at
215-567-4004 ext. 118 or email _abomstein(a)cleanair.org_
(mailto:abomstein@cleanair.org)
Clean Air Council, 135 S. 19th Street, Suite 300, Philadelphia, PA 19103
P: (215) 567-4004, F: (215) 567-5791
