Judge Rules Environmental Group Can Challenge Sunoco Over Pipeline Eminent Domain
By Jon Hurdle for State Impact NPR - Sunoco Logistics’ use of eminent domain to take private land to build its Mariner East 2 pipeline came into question again on Thursday when a Philadelphia court ruled that an environmental group can argue that the practice is unconstitutional. Judge Linda Carpenter of the Philadelphia Court of Common Pleas denied the company’s request to summarily dismiss a complaint by the Clean Air Council, clearing the way for a trial, possibly at the end of this year. The Clean Air Council argues that Sunoco has no right to take land via eminent domain because the pipeline is carrying natural gas liquids across state lines and is therefore an interstate, not intrastate, pipeline. If Mariner East 2 is deemed an interstate pipeline, it is not entitled to a “certificate of public convenience” from the Pennsylvania Public Utility Commission, the environmental group argues. That certificate is needed to assert eminent domain to take the land of uncooperative landowners. The ruling follows two other recent decisions from the Commonwealth Court, which ruled in favor of the company in its disputes with individual landowners.