PA Supreme Court Upholds ME2 Right to Use Eminent Domain

One of the ways anti-fossil fuel groups have tried to stop the Mariner East 2 Pipeline project is by tying it up in court. Various lawsuits have been filed going back years. One litigant, a Big Green group headquartered in Philadelphia, the so-called Clean Air Council, has tried repeatedly to get the courts to deny ME2 the right to use eminent domain in cases where landowners refuse to cooperate (see Clean Air Council’s Strange War Against Mariner East Pipeline). CAC argued that ME2 is not a “public utility” and therefore not entitled to the use of eminent domain. That argument flamed out. In May, PA’s Commonwealth Court ruled that yes, ME2 is a public utility entitled to use eminent domain if it needs to (see PA Court Rules ME2 Pipe has Power of Eminent Domain, Period). CAC had one last card to play, taking the case to the PA Supreme Court. They played it, and lost.

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