PA Supreme Court Denies Appeal Of Decisions Saying Local Zoning Ordinances Do Not Apply To Mariner East Pipelines

The PA Supreme Court Tuesday declined to hear the appeal of two Commonwealth Court decisions finding local zoning ordinances do not apply to the Mariner East Pipelines in Chester and Delaware counties.

The Court denied the appeal of Delaware RiverKeeper v. Sunoco Pipeline (No. 952 C.D. 2017) and denied the appeal of Meghan Flynn, et al v. Sunoco Pipeline (No. 942 C.D. 2017).

The Delaware RiverKeeper case involved a request for injunctive relief to Commonwealth Court from a Chester County court decision seeking to prevent Sunoco Pipeline from constructing the Mariner East Pipelines in a manner that violates the West Goshen Township zoning ordinance.

Commonwealth Court upheld the county court’s findings that: (1) the Township’s power to regulate the location of the ME2 pipeline was preempted by the Pennsylvania Public Utility Commission’s (PUC) authority; (2) the trial court lacked subject matter jurisdiction over Plaintiffs’ claims; (3) Plaintiffs did not establish a claim based on substantive due process; (4) the ME2 pipeline is a public utility facility; and, (5) Plaintiffs were not entitled to injunctive relief.

The Meghan Flynn et al case involved a request for injunctive relief to Commonwealth Court from a Delaware County court decision seeking to again to prevent Sunoco Pipeline from constructing the Mariner East Pipelines in violation of a Middletown Township subdivision and land development ordinance.

Commonwealth Court upheld the county court’s findings on grounds similar to the Chester County case.

Related Story:

Commonwealth Court to Hear Mariner East 2 Pipeline Case Challenging Eminent Domain On Environmental Rights Amendment Grounds