Local governments have new weapons on pipeline

To the Times: As 2017 comes to a close, people engage in a process of reflection, introspection, and resolution. For the most part, this process centers on matters personal and familial, but it is equally appropriate for this process to include matters of public policy and the common good.

One such public matter that dominated discussion in the past year is the Sunoco Mariner East Natural Gas Liquid (NGL) transmission pipeline projects (I and II).

The reasons for this dominance are obvious and include the “facts on the ground” Sunoco has been creating at breakneck speed through the heart of eight local municipalities as well as the nature of the project itself as a potential linear explosive buried in close proximity to schools, nursing homes, residential communities, and businesses.

Numerous public officials have addressed the concerns created by this project in various ways. Among those who have called for a halt in construction to permit a meaningful expert risk assessment are state Reps Comitta, Corbin, Krueger-Braneky, and Milne; state Sens. Dinniman, Leach and Rafferty; and Congressman Meehan.

At the local level, members of municipal governing bodies and their staffs and commissions have drafted new ordinance provisions; attempted to enforce ordinances already in effect including those related to noise, storm water management, and property maintenance; and pursued litigation in the county’s courts. One such case, brought by citizens and environmental groups of West Goshen Township, was recently argued in the Commonwealth Court, a statewide intermediate appellate judicial body.

The extent and nature of local action became a decisive electoral issue in November with a number of pipeline opponents elected to significant local offices.

Many public officials and citizen groups have been advised that Sunoco and its Mariner East pipeline projects are answerable only to the Pennsylvania Public Utility Commission which, by regulation and antique court decisions, has stripped municipalities of any power to protect their citizens and the environment from the impact of and danger created by such projects. When it was given, this was reasonable advice.

However, in recent months, the legal world has dramatically shifted. Our state Supreme Court, in a series of monumental decisions, returned to municipalities and their governing bodies both the authority and the responsibility to protect the public and the environment. This authority and responsibility comes from the Pennsylvania Constitution and cannot be undermined by any state law or regulation. Our local officials can now exercise authority in the public interest just as they have felt an increasing desire and responsibility to do so.

Of course, no significant legal change happens overnight. A sustained effort by public officials to draft, enact, enforce, and defend local laws protective of personal and environmental safety will be necessary to realize the Supreme Court’s new vision of the Constitutional order. The question that requires careful and immediate consideration is whether the potential impact of NGL transmission pipelines in highly developed areas on public safety and the environment justifies such a sustained effort. For myself, only an affirmative response is appropriate.

Welcome to 2018 and a new world of public participation in the decisions of forprofit businesses that affect the core values of our lives, our safety and health, and the preservation of our environment. Happy New Year!