February 2016 Archives

Recent Philadelphia Court Decision Regarding Sunoco Pipeline

On February 5, 2016, Judge Carpenter of the Court of Common Pleas of Philadelphia County issued a Decision in The Clean Air Council, et al. v. Sunoco Pipeline LP matter. The matter arose from a Petition for Preliminary Injunction and a Complaint filed by the Clean Air Council and some local property owners challenging the Mariner East II pipeline. In September 2015, Sunoco filed Preliminary Objections in response to that Complaint claiming that Plaintiffs lacked the standing to bring suit and that the court lacked jurisdiction for a number of reasons including, but not limited to, that the action was barred by the Eminent Domain Code and must be brought before the Public Utility Commission. Following briefs and argument, Judge Carpenter issued a Decision. The most significant part of the Decision is that Judge Carpenter overruled the bulk of Sunoco's Preliminary Objections which included the rejection of Sunoco's arguments that the Plaintiffs lacked standing to bring the suit and that the Court lacks jurisdiction to hear these claims.

Lavery Law Attorneys Present at PBI

On February 17, 2016, Lavery Law attorneys Sunshine J. Thomas and Peter J. Carfley presented at the Pennsylvania Bar Institute ("PBI") Eminent Domain Seminar in Pittsburgh, Pennsylvania. Additionally, Sunshine and Peter also presented at the same seminar in Mechanicsburg, Pennsylvania on February 24, 2016. The conference was entitled "The Legal Issues Surrounding Pipeline and Right-of-Way Agreements in the Marcellus Shale Region" with Sunshine and Peter presenting the section on "The Legal Issues Surrounding Pipeline and Right-Of-Way Agreements in the Marcellus Shale Region". Sunshine spoke about the eminent domain condemnation process, the steps that a pipeline company must follow in order to initiate the process, and the defenses available to property owners. Pete spoke about valuation and the Board of View process.

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