U.S. Supreme Court Lets Stand Eminent Domain for ME2 Pipeline
It’s been a long, tough fight to get the Mariner East 2 Pipeline (ME2) project built. In fact, it’s still not 100% built (it is about 98% done). Construction on a tiny section near Philadelphia is currently being stopped by a liberal judge (see Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice). We expect that to be resolved soon. However, the project has been sued multiple times in different courts. One of the favored legal arguments was/is to say the project does not have the right to use the power of eminent domain to force recalcitrant landowners from accepting it. One such case, brought by a Lebanon County, PA landowner, was appealed all the way to the U.S. Supreme Court. On Monday the Supremes declined to review the case, a challenge to ME2’s ability to use eminent domain, thereby cementing a ruling by the PA Commonwealth Court that ME2 can indeed use eminent domain. Period. End of sentence. The Supreme Court ruling is just the latest in a string of rulings favoring the ME2 project. Last summer, a three-judge Commonwealth Court panel ruled in favor of ME2, upholding its status as a public utility because it will provide increased public access to energy resources like propane. Huntingdon County Common Pleas Court Judge George Zanic ruled against efforts to delay construction of ME2 after Commonwealth Court validated the utility status by dismissing an appeal. None of this is new. The court have repeatedly ruled against challenges to the state Public Utility Commission’s designation of ME2 as a public utility with public benefits. And now, the Supremes have rendered the final word: ME2 is a public utility…
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The Pennsylvania Dept. of Environmental Protection (DEP) has just shut down further drilling for the Mariner East 2 Pipeline project at Snitz Creek in Lebanon County, PA because of a 50 gallon spill of non-toxic drilling mud. This isn’t the first time the DEP has stopped underground horizontal directional drilling (HDD) work at Snitz Creek. Last November they did the same thing for a piddly 1 gallon spill (see 
The Pennsylvania Dept. of Environmental Protection (DEP) continues its quest to put Mariner East 2 (ME2) Pipeline construction under a microscope. Two days ago MDN told you that the DEP had issued a Notice of Violation (NOV) for ME2 work in Lebanon County, PA, for spilling LESS THAN 1 gallon of non-toxic drilling mud (see 
We chalk this one up as outrageous. The Pennsylvania Dept. of Environmental Protection (DEP) has just shut down further drilling for the Mariner East 2 Pipeline project at Snitz Creek in Lebanon County, PA–because of a “less than one gallon” spill of non-toxic drilling mud. Drilling mud is composed of bentonite–the same clay compound used in kitty litter, toothpaste and cosmetics. A spill of less than a gallon is NOTHING. It’s not even worth reporting. Yet Sunoco Logistics, the company drilling, was honest and reported the “inadvertent return” as it is called. And because Sunoco previously had another small spill at the same location, the DEP, bowing to pressure from radical environmental groups, has halted any further horizontal directional drilling (HDD) work at the Snitz Creek location. This is bizarre, but perhaps not unexpected. It all stems to a deal Sunoco made with the devil…
Blasting and drilling work in Lebanon County, PA related to building the Mariner East 2 Pipeline may have caused old deposits of MTBE (a gasoline additive) that had been stored at an old Sunoco facility to dislodge and migrate–into a nearby farmer’s water well. A subcontractor doing blasting work on Sept. 11 experienced “complications” during a detonation. Pieces of rock and debris hit a nearby house and swimming pool. Not a good thing. That blasting may also have led to the migration of MTBE to a nearby farm where MTBE had not previously been detected. Also not a good thing. Sunoco used to operate the Quentin terminal from 1940 to 1993 that served as a petroleum storage facility for the original Mariner East Pipeline–that flowed petroleum. That pipeline has since been repurposed and now flows natural gas liquids. Leaks from the old storage facility were known to have contaminated the ground in the area. It appears the blasting may have disturbed some of the pollution sitting under ground…
As MDN reported yesterday, construction work on two compressor stations part of the Williams $3 billion Atlantic Sunrise Pipeline project began last Friday, the same day the Federal Energy Regulatory Commission (FERC) gave the project permission to begin construction (see 
Here’s not something you read every day, especially in Lebanon County, PA where local media seems only too interested in covering negative stories about pipelines: “What I have heard has all been positive – that the workers were willing to go beyond anything that might be expected of them and do little special things for the landowners.” That statement is from a town official in Lebanon County, talking about Mariner East 2 pipeline construction workers who are busy in the Lebanon County installing the first of two ME2 pipelines. Of course, not everyone is happy. But then, not everyone is always happy with anything–even a sunshiny day! Here’s what’s happening in Lebanon County with ME2…
There’s always a few holdouts, no matter how hard you try to be reasonable. We’re talking about landowners who refuse to negotiate in good faith with pipeline companies. Earlier this month amidst a flurry of activity, the Federal Energy Regulatory Commission (FERC) handed Williams a final final final approval for its Atlantic Sunrise Pipeline project–a $3 billion, 198-mile pipeline running through 10 Pennsylvania counties to connect Marcellus Shale natural gas from PA with the Williams’ Transco pipeline in southern Lancaster County (see 
You beg and plead and beg and plead. You come with your hat in your hand. You try to explain that no, the pipeline isn’t going to avoid your property, Mr. or Ms. Landowner. But some landowners refuse to negotiate. So the last resort option must be exercised. That’s the situation with Williams’ Atlantic Sunrise Pipeline in several counties in Pennsylvania–including Lancaster, Lebanon, Columbia, Northumberland and Schuylkill. The Federal Energy Regulatory Commission (FERC) issued a final certificate for Atlantic Sunrise, allowing construction to begin, just two weeks ago today (see 
Sunoco Logistics Partners, the builder of the Mariner pipeline projects, has fought a long and hard legal battle to be recognized as a public utility in Pennsylvania–especially with regard to the next big project in the lineup, the Mariner East 2 pipeline. ME2, as it’s called, is a $2.5 billion, 350-mile natural gas liquids (NGL) pipeline that will run from eastern Ohio through the state of Pennsylvania to the Marcus Hook refinery near Philadelphia. From the beginning anti-pipeline fanatics have tried to derail the project by claiming it is not a public utility (with the right of eminent domain) as defined by PA’s statutes. In July 2014 two administrative law judges working for the PA Public Utility Commission (PUC) said ME2 is not a public utility (see 
Last Friday MDN brought you the really big news that Sunoco Logistics Partners had won a major appeals court case that recognizes them as a public utility in Pennsylvania with the right to use eminent domain to build the Mariner East 2 NGL pipeline (see