Friday, December 7, 2018

PA Supreme Court Denies Appeal Of Case Challenging Use Of Eminent Domain By Mariner East 2 Pipeline, But A Challenge Remains

On December 5, the PA Supreme Court denied an appeal by the Clean Air Council and landowners challenging the basic authority of the Mariner East 2 Pipeline to use eminent domain authority.
The decision involved a Commonwealth Court opinion in April that threw out all but one of the challenges against eminent domain.
Commonwealth Court, however, said the Clean Air Council and landowners could challenge the use of eminent domain based on Pennsylvania’s Environmental Rights Amendment and agreed to hear arguments on that issue.
Consideration of this portion of the case is still in preliminary stages in Commonwealth Court, according to the Clean Air Council.
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