Case Law Archives

Commonwealth Court of Pennsylvania Finds in Favor of Sunoco

Recently, the Commonwealth Court of Pennsylvania issued a decision in a case arising from an appeal filed by a number of property owners in Cumberland County, Pennsylvania challenging Sunoco's status as a public utility and Mariner East 2's status as a public utility service. The property owners raised a number of arguments in support of their appeal which included:

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.

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