Sunoco’s Eminent Domain Rights Upheld by Commonwealth Court

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Pipeline construction
Construction began last year to prepare the future site of Mariner East 2 storage and processing equipment at Sunoco Logistics' complex in Marcus Hook. Photo courtesy of Delaware County Council.

Sunoco Logistics Partners saw its powers to take private property through eminent domain for its Mariner East Pipeline project in Delaware County recently upheld by the Commonwealth Court, writes Andrew Maykuth for the Philadelphia Inquirer.

In a 5-2 ruling, the court affirmed a Cumberland County judge’s decision from last year, that Sunoco’s pipeline subsidiary is a public utility and can assert eminent domain.

“Although this case confirmed Sunoco Pipeline’s public utility status, we have always worked with landowners to reach mutually acceptable agreements, and pursued legal proceedings only in those instances where an agreement could not be reached,” said the company.

However, this ruling does not resolve all the issues facing the project. Clean Air Council filed suit last year in Philadelphia, claiming that Sunoco does not have the legal right to use eminent domain to build its pipelines, as they do not serve a public need.

“This is not the end of the story,” said Alex Bomstein, attorney for Clear Air Council.

He added that the latest ruling was rather narrow, and it failed to address the constitutional challenges that were raised by the Philadelphia suit. These include arguments that the pipeline violates the state’s Environmental Rights Amendment.

Read more about the ruling in the Philadelphia Inquirer by clicking here.

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