Court rules Sunoco Pipeline can resume construction in Chesco
WEST GOSHEN » Pipeline construction is back.
Tuesday’s ruling by the Commonwealth Court affirms a June Common Pleas Court decision allowing Sunoco Pipeline to continue with construction of the Sunoco Mariner East 2 pipeline in the township.
The court allowed construction of the pipeline to continue in residential, and industrial districts with a conditional use, despite the township’s 2014 ordinances forbidding such use.
Plaintiffs, West Goshen activist Tom Casey, the Delaware Riverkeeper and Eric Grote, had filed a May 2017 complaint through the Chester County Court of Common Pleas. The court ruled in June.
The court ruled that Sunoco is a public utility and subject to state Public Utility Commission regulations as a utility.
Attorney Mark Freed represents Casey and the other plaintiffs. He said that any relief rests with the PUC.
“The practical reality is that today’s decision leaves communities exposed to incredible risks without any oversight,” Freed said.
Freed said that the courts have determined that relief lies with the PUC, which specifically has said that it does not regulate or address the siting of pipelines.
Casey has fought pipeline construction for more than four years.
“Today the Commonwealth Courts affirmed that the residents of Pennsylvania are irrelevant,” Casey said, Tuesday. “There is no remedy for a citizen, taxpayer, before any legal, legislative, or administrative branch of government in the state of Pennsylvania for landowners to be able to uphold their rights.
“This is telling as to the power of money in politics which helps to destroy the lives of citizens for corporate greed. The Pa. PUC, the Pa. DEP, and Gov. Wolf have let the people down. In the judge’s decision it states, ‘... while it may be true that the PUC has no regulations covering pipeline siting, this is irrelevant.’
“My family is here to tell you we are not irrelevant. And this decision, along with the subsequent lack of caring by state agencies, proves beyond a doubt that the Citizen’s Risk Assessment must be achieved so that we can learn the truth behind the risks we are being forced to live with.”
Delaware River Keeper Maya K. van Rossum said “the court got it wrong” and the organization is evaluating how, if at all, to respond.
Two similar, yet separate cases were argued together. The West Goshen and Middletown arguments were heard at the same time.
Del-Chesco United for Pipeline Safety is fighting to stop pipeline construction and released the following statement on Tuesday:
“West Goshen’s pipeline setback ordinance is designed to reasonably provide for public safety. Today’s Commonwealth Court opinion is disappointing, because Sunoco’s abysmal safety record — now up to 299 pipeline leaks just since 2006 — continues to cause concern across Chester and Delaware counties.
“Sunoco’s enforcement history demonstrates that it frequently fails to meet applicable requirements; in fact Sunoco received three new enforcement actions in January 2018 alone for probable violations of federal safety regulations. Mariner East 1 has leaked highly volatile liquids three times in less than a year. Sunoco’s claim that it is a safe operator is like a driver who’s totaled three cars in the last year claiming to be a safe driver.”
Pennsylvania Energy Infrastructure Alliance spokesman Kurt Knaus is a pipeline proponent and released the following statement:
“Courts at every level have made clear time and again that municipalities’ attempts to try to use local zoning to halt construction of this statewide pipeline project are unlawful and out of order. Mariner East 2 has gone through tremendous scrutiny at every level of government, and the permits are among the most stringent the state has ever issued for this type of construction activity.
“That’s why courts continue to uphold this project, which will provide countless positive benefits in terms of jobs, economic activity and access to vital energy resources.”
Jeff Shields, Sunoco pipeline communications manager, said Tuesday that work on the pipeline will soon commence.
“We are focusing on restarting construction under the terms of our updated permits and plans, with our emphasis on building the safest pipeline possible while protecting Pennsylvania’s natural resources,” Shields said. “We would otherwise not comment on pending litigation.”
Food & Water Watch’s Eastern Pennsylvania Organizer Sam Rubin has been a regular demonstrator at rallies and released this statement:
“The safety of communities across the Commonwealth has been sacrificed for the profits of the fossil fuel industry for too long. The fact that over 40 schools are within the blast zone of this dangerous pipeline is enough evidence that the Mariner East 2 needs to be stopped fully and finally. If the State of Pennsylvania won’t protect citizen’s safety, then the citizens are going to do it themselves.”