An Ohio landowner whose land Sunoco Logistics Partners wants to traverse with the Mariner East 2 pipeline tried a novel legal argument. The landowner’s attorneys argued in the Ohio Seventh District Court of Appeals that pure propane and pure butane–both of which would be transported through the pipeline from eastern Ohio all the way to the Marcus Hook refinery near Philadelphia–are not “petroleum.” At least, not petroleum for the purposes of the permit which grants Sunoco the right to use eminent domain to build the pipeline to transport petroleum products. The Court of Appeals justices rejected that argument and said, in essence, that propane and butane fit under the definition of petroleum as that word has been used for generations…
