On September 9, Commonwealth Court issued a decision saying Sen. Andy Dinniman (D-Chester) did not have a direct, immediate and substantial interest” in construction failures by Sunoco’s Mariner East 2 Pipeline to bring a complaint before the Public Utility Commission.
“The PUC concluded that Senator Dinniman had personal standing because he owned property in the Township and, thus, was adversely affected by the operation and construction of Sunoco’s pipelines.
Based on that ruling, “On May 21, 2018, after reviewing the evidence, the ALJ entered an emergency interim order directing Sunoco to cease operation of ME1 and all construction of ME2 and ME2X until the PUC disposed of the Senator’s Complaint.
“The ALJ determined that Senator Dinniman had legislative standing to pursue the
action, explaining that, “his participation in this matter relates to his official duties as a Senator for the affected district.”
“The PUC reviewed the Interim Emergency Order. On June 15, 2018, it affirmed in part and reversed in part the ALJ’s order. The PUC vacated the injunction as to the operation of ME1 but upheld the injunction as to the construction of ME2 and ME2X. The PUC rejected Sunoco’s challenge to Senator Dinniman’s standing.
“Sunoco argues that this was [in] error because Senator Dinniman expressly disclaimed standing in his personal capacity” and “has not shown how the actions of Sunoco have impaired his authority to act as a legislator.”
“For his part, Senator Dinniman acknowledges that he asserts legislative standing alone and that “his background, knowledge, and responsibilities relating to pipelines and the environment, in addition to his “obligation to both perform his State Senatorial duties and protect and advocate for his constituents in the 19[th] Senatorial District[]” give him legislative standing.”.
“The PUC contends that it has discretionary authority to find Senator Dinniman has standing on grounds not asserted by him.”
The Court concluded, however, “Though Senator Dinniman desires to “protect and advocate for his constituents[,]” this desire does not constitute a basis for legislative standing. Legislators are sent to Harrisburg to propose legislation and to vote for or against proposed legislation. Legislators are not elected to serve constituents in a parens patriae capacity [acting like a parent or guardian], with either the duty or the authority to file lawsuits on behalf of constituents who may, or may not, desire such assistance.”
The Court ordered the PUC to dismiss the complaint filed by Sen. Dinniman.
The Court’s ruling will allow Sunoco to complete construction of the Mariner East 2 pipeline in several parts of Chester and Delaware Counties, which was blocked by the PUC’s decision.
Reaction
Sen. Dinnaman released a statement saying the court’s ruling “again shows just how difficult it is not only for residents but also for their elected state representatives to fight for public safety and environmental protection when a poorly planned and potentially dangerous pipeline project is thrust into our neighborhoods and communities and within feet of our schools and homes. To say it is an uphill battle is an understatement.
"The very real questions regarding the safety of this pipeline project remain. Today’s ruling did not address them whatsoever, meanwhile my constituents and I are living with these risks every minute of every day.”
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