Mariner East 2 wins big in series of rulings

It’s been a good week for the proponents of the massive, multi-billion dollar Mariner East 2 pipeline project.

It’s been a good week for Sunoco, Energy Transfer Partners and the proponents of the massive, multi-billion dollar Mariner East 2 pipeline project.

Citizens who are vehemently opposing the project? Who think the notion of transporting hundreds of thousands of barrels of volatile liquid gases every day through densely populated neighborhoods? Not so much. First, the Pennsylvania Supreme Court rejected a challenge from the Clean Air Council and local landowners challenging Sunoco’s use of eminent domain to acquire land and easements in the proposed path of the pipeline, which traverses 350 miles across the entire width of Pennsylvania, delivering ethane, butane and propane from the Marcellus Shale regions to a facility in Marcus Hook.

It was in fact a crucial ruling by the state Public Utility Commission several years ago, granting Sunoco public utility status, that cleared the way for the company to use eminent domain where needed.

The basis of the ruling was that the pipeline was being undertaken for the public good, a notion challenged by the petitioners.

The state high court backed the company.

Then this week a last-ditch effort by several residents in both Chester and Delaware counties asking the PUC to shut down the operation of Mariner East 1 and halt construction on the yet-to-be completed Mariner East 2 was shot down by an administrative law judge.

Residents, some of whom now have Mariner East 2 as a back yard neighbor, argued that Sunoco had not done enough to inform the public about possible dangers.

They were seeking an emergency shutdown of Mariner East 1, which is already in operation and delivering materials to Marcus Hook via an older, smaller pipeline.

The group also sought to have all work on Mariner East 2 halted, citing a decision by Sunoco announced this summer that they would use an older, existing pipeline to fill in gaps to complete Mariner East 2, which has been delayed several times, to finish the pipeline and get it online.

Again the court rejected their plea.

As you might expect, the ruling was hailed by Sunoco and boosters of the project, which will traverse 23 miles through the heart of Chester County, and another 11 miles in the western and lower ends of Delaware County as it snakes its way toward Marcus Hook.

“We are pleased with the judge’s ruling and want to thank those who assisted us in this effort,” said Lisa Dillinger, spokesperson for Sunoco.

Dillinger reiterated the company’s desire to have Mariner East 2 online before the end of the year, which is now just a couple of weeks away.

“We are in the final stages of completing the construction required to put the line in service, which we anticipate will be by the end of the year,” she said.

That no doubt does not come as welcome news to the citizens who have been fighting tooth and nail for years to stop the project.

The uphill battle was summarized by state Sen. Andy Dinniman, D-19 of West Whiteland, one of the most vocal critics of the project in state government.

“The denial is just another example of how difficult it is for citizens to navigate the PUC process in challenging the natural gas industry, corporate giants like Sunoco, and their teams of highpriced lawyers and lobbyists even when it comes to issues of public safety,” Dinniman said.

At this point, it appears Mariner East 2 will go online within weeks, using a patchwork of smaller, older pipe to fill in the gaps.

We urge Sunoco and Energy Transfer Partners to continue to work with government and citizen groups to better explain the project, and the risks involved, and clearly lay out response plans for the public and first responders in the case of an accident.

It’s the least they can do to allay fears of residents who will have to live with this distinctly unwelcome new neighbor.