Judge puts pipeline drilling on hold
Sunoco ordered to halt all drilling for Mariner East 2 pipeline in Pennsylvania
One day after a judge halted construction on the Mariner East 2 pipeline in West Goshen, another judge has shut down drilling operations for the project across all of Pennsylvania.
The Pennsylvania Environmental Hearing Board granted the petition of the Clean Air Council, Mountain Watershed Association Inc., and the Delaware Riverkeeper Network to halt all drilling operations associated with the construction of Mariner East 2. Drilling work will be shut down at least until a hearing takes place Aug. 7-9.
This ruling comes after last week’s filing that disclosed 61 drilling fluid spills and water contamination in multiple Pennsylvania regions. After hearing the argument about drilling spills and water well contamination from Sunoco’s drilling operations for the Mariner East 2 pipeline, the Environmental Hearing Board issued an order stating, “It is hereby ordered that the appellants’ application for a temporary partial supersedeas is granted.”
“Residents living along the route of the pipeline have been assailed over the last few months by drilling spills and damage to water wells and water quality due to Sunoco’s reckless drilling,” said Joseph Otis Minott, executive director and chief counsel for Clean Air Council. “Today’s decision provides residents with muchneeded protection over the next two weeks.”
“The relief is not permanent and the public must continue to call on elected officials and the Pennsylvania Department of Environmental Protection to defend the public interest by putting a long-term halt to the drilling, which Sunoco has been unable to do safely,” said Alex Bomstein, senior litigation attorney for the Clean Air Council.
“It is unconscionable that Sunoco has inflicted such irreparable harms on our environment and communities,” said Maya K. van Rossum, the Delaware Riverkeeper and leader of the Delaware Riverkeeper Network.
The shutdown of Mariner East 2 drilling will remain in effect until the full hearing can take place on the organizations’ petition in August.
The Pennsylvania Energy Infrastructure Alliance released a statement Tuesday attributed to spokesman Kurt Knaus.
“The Environmental Hearing Board’s decision seems to contradict recent findings by state regulators that the Pennsylvania Department of Environmental Protection has no evidence at this time that Sunoco has not complied with permit conditions related to horizontal directional drilling,” Knaus wrote. “Despite this ruling and unfortunate delay on some construction, work will proceed on a majority of the pipeline throughout Pennsylvania where drilling is not required. This project is too important for Pennsylvania and we remain hopeful of a positive resolution when EHB hears all the facts in August.”
The Environmental Hearing Board left open the possibility of modifying its order to allow certain drilling activity to resume if Sunoco can provide “detailed affidavits explaining why it would cause equipment damage, a safety issue, or more environmental harm than good to stop drilling at the 55 locations where drilling is actively underway.”
Sunoco reported to the Environmental Hearing Board Tuesday morning that drilling is underway at 55 locations, and has not begun at an additional 168 locations.
On Monday, all construction on the Mariner East 2 project was halted in West Goshen as a result of a ruling by an administrative law judge on a dispute between the township and company over the location of a valve station.
The ruling by Administrative Law Judge Elizabeth Barnes means the July 24 temporary injunction, or Petition for Interim Emergency Relief, will stand, at the least, until the full Public Utilities Commission meets to make a ruling.
Tentative plans called for the PUC to address the matter in December. Sunoco set a September date for completion of the 350mile long pipeline.
Sunoco “is enjoined from beginning and shall cease and desist all current construction …” reads the interim emergency order and clarification of material questions.
A petition hearing was held July 18 in Harrisburg.
Township Special Counsel David Brooman, of law firm High Swartz LLP, led the fight.
“This effectively directs Sunoco to stand down, to power down all construction activity in West Goshen,” Brooman said. “Every citizen of West Goshen Township has reason to welcome this thoughtful, comprehensive decision that speaks to the central issues of the case. It’s a huge day for all of Pennsylvania, but particularly West Goshen.”
The township is not looking to stop the entire project, but rather to make the company adhere to a 2015 settlement agreement. Sunoco had agreed to build a safety valve on the north side of Route 202 on Boot Road rather than on the south side at Greenhill and Boot roads, according to the township. Sunoco says they chose that side for safety concerns.
The approximately 5-acre area on the south side, known as the Janiec Tract, near the West Goshen Firehouse, was cleared by Sunoco earlier this month. The township maintains that Sunoco broke the settlement agreement when the company planned to construct a safety valve at the site. Plans for horizontal directional drilling at the site were halted.
The interim emergency order reads that four thresholds must be met: the petitioner’s right to relief is clear; the need for relief is immediate; the injury would be irreparable if relief is not granted; and the relief requested is not to the public interest.
“The commission may grant interim emergency relief only when all the foregoing elements exist,” reads the order.
The order questions whether the petitioner’s right to relief is clear and asks “whether the settlement agreement grants Sunoco the right to locate valve facilities anywhere it wishes in the township …”
The order also addressed whether injury would be irreparable if relief is not granted. Financial interests might be considered.
The order cited a December 2015 approval of the Traditions Project, a $35 million land development project at the Janiec Tract.
The housing project would have generated $200,000 in road improvements and ongoing income from property taxes.
If Sunoco was required to redrill on the north side of Route 202, the action would create “a second round of risks to the public, including breakouts and frackouts within the township … the township will endure the noise, vibration, obstructions, and other negative consequences of the construction activities twice,” reads the order.
“Construction has a negative impact on the township, including safety, transportation delays, dust and noise,” reads the order.
Construction would have a significant impact on the township, reads the order. Approximately 25,000 to 36,000 vehicles travel daily on Boot Road and 70,000 vehicles motor along Route 202 through the township.
Plans call for the $2.5 billion, 350-mile long pipeline to carry volatile natural gas liquids such as, ethane, butane and propane from Marcellus Shale deposits in western Pennsylvania, Ohio and West Virginia to the former Sunoco refinery in Marcus Hook.