PA Environment Digest Blog: Inside Climate News: Energy Transfer/Sunoco Files Lawsuit To Preempt Criminal Charges By PA Attorney General In Bucks County Jet Fuel Pipeline Spill, Asks For State Clean Streams Law To Be Declared Unconstitutional

On September 4, 2026, Inside Climate News reported Energy Transfer/Sunoco filed a lawsuit in Commonwealth Court in April seeking to preempt criminal charges by Pennsylvania Attorney General David Sunday over a jet fuel pipeline spill in Bucks County by declaring part of the state Clean Streams Law unconstitutional.

Energy Transfer’s objection to the law: Parties could be found guilty of an environmental crime even if their actions are accidental.

Because one section of the law lacks what is called a “mens rea,” or “guilty mind” provision, the company said, parties could face fines or imprisonment whether or not their actions were knowing and purposeful.

“A lack of mens rea requirement here offends the principles of justice and does not provide adequate notice of the offending conduct that could form the basis for criminal liability,” Energy Transfer’s petition said.

[Note: The federal Pipeline and Hazardous Materials Safety Administration said its investigation into the pipeline leak so far shows the Energy Transfer pipeline may have been leaking for as long as 16 months, WHYY reported on February 28.]

The court challenge comes before any charges have been filed against Energy Transfer. And it concerns both a law and a legal interpretation that may not be relevant to the criminal investigation the company and its subsidiary Sunoco now face over their Twin Oaks pipeline, said Pennsylvania Attorney General Dave Sunday in his Aug. 25 response to the lawsuit.

Sunday urged the court to dismiss the lawsuit, which he characterized as an improper effort “to pre-empt an anticipated criminal proceeding.”

Instead of waiting to see if a case is filed and defending itself against whatever charges it faces, Sunday said Energy Transfer is seeking to get a court ruling in its favor—a declaratory judgment—in advance.

“A criminal investigation is not a criminal charge, and a declaratory judgment cannot be used to substitute a defense against a criminal charge,” Sunday said in his brief.

Neither Energy Transfer nor its lawyers immediately responded to a request for comment on the case, nor did Sunday’s office.

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Prior Criminal Convictions/Penalities

On August 5, 2022, EnergyTransfer, Sunoco, ETC Northeast Pipeline LLC were convicted of criminal charges related to their conduct during the construction of two major pipelines in Pennsylvania that resulted in a catastrophic explosion of the Revolution Pipeline in Beaver County and contaminated water supplies related to the Mariner East Pipelines. Read more here.

Energy Transfer/Sunoco have been fined a total of over $48.1 million for multiple, serious violations related to the construction of the Mariner East Pipelines and the Revolution Pipelines starting in 2018 that resulted in an explosion, contamination of water supplies, pollution of the Marsh Creek State Park lake and the lake at the Raystown Lake Recreation Area.

In 2018, DEP imposed an unprecedented block on issuing any new permits to Energy Transfer/Sunoco until the company resolves multiple environmental violations and adopts policies that require compliance with the state’s environmental laws and regulations. Read more here.

Frustration by the flagrant violations of environmental laws and the inability of current state law to prevent damage caused by Energy Transfer/Sunoco pipeline construction related to the Mariner East Pipeline can be illustrated by a 2018 quote from Republican Sen. Don White (Indiana County) at a Senate Committee meeting-- “We should be able to deal with that company and put them out of business.” Read more here.

The Public Utility Commission fined Energy Transfer/Sunoco $1 million for violations related to the Revolution Pipeline explosion. Read more here.

In 2020, the PUC imposed a $200,000 penalty on Energy Transfer/Sunoco related to integrity testing of the Mariner East Pipeline 1. Read more here.

New Companies

In July 2026, the Energy Transfer pipeline company asked the Public Utility Commission to dissolve the Sunoco Pipeline Company and transfer its assets to two new companies. (formal notice)

One new company-- Energy Transfer NE NGL Pipelines LLC -- would own and operate the troubled Mariner East Pipelines and other pipelines carrying natural gas liquids.

A second company-- Energy Transfer RP Pipelines LLC-- would own and operate the pipelines carrying refined petroleum products. Read more here.

The Bucks County Incident

On January 31, 2025, Energy Transfer/Sunoco confirmed that its pipeline had leaked petroleum, initially contaminating seven wells in the Mt. Eyre Manor neighborhood in Upper Makefield Township.

The federal Pipeline and Hazardous Materials Safety Administration said its investigation into the pipeline leak so far shows it may have been leaking for as long as 16 months, WHYY reported on February 28.

Third-party environmental consultants – working under DEP oversight – have conducted water tests at impacted homes, testing well water for petroleum contamination.

Treatment systems have been installed at 112 residences, seven of which had results above drinking water standards for petroleum products and with detectable contamination at other residences.

Treatment systems are scheduled to be installed at many other homes. The point-of-entry treatment (POET) filtration systems that have been installed are designed to remove all contaminants from drinking water, ensuring residents can have access to clean water in their homes.

On March 6, 2025, the Shapiro Administration issued an order directing Energy Transfer to continue providing bottled water to affected residents and sample and maintain the treatment systems that have been installed on homes.

Additionally, DEP required Energy Transfer to submit a long-term cleanup plan and set up a way for affected residents and the community to access cleanup plans.

On March 14, 2025 the Bucks County Courier Times reported the Pennsylvania Attorney General has opened an investigation into potential environmental crimes related to the Energy Transfer/Sunoco pipeline that leaked petroleum into household wells in Upper Makefield Township, Bucks County. Read more here.

Visit DEP’s Upper Makefield Pipeline webpage for more information on the response to the spill.

(Map: Pipeline spill area of investigation.)

PA Oil & Gas Industry, Public Notice Dashboards:

-- Pennsylvania Oil & Gas Weekly Compliance Snapshot - August 29 to Sept. 4 [PaEN]

-- DEP: Shell Petrochemical Plant Pays Another $15 Million In Penalties For Latest Air Pollution Violations In Beaver County; Air Pollution Penalties Total $27.6 Million Since Plant Opened [PaEN]

-- Inside Climate News: Energy Transfer/Sunoco Files Lawsuit To Preempt Criminal Charges By PA Attorney General In Bucks County Jet Fuel Pipeline Spill, Asks For State Clean Streams Law To Be Declared Unconstitutional [PaEN]

-- DEP: An Estimated 336,000 Gallons Of Fracking Flowback Water Was Released During An Uncontrolled Shale Gas Well Incident At The INR OPR LLC Cooper Well Pad In Young Twp., Indiana County [PaEN]

-- DEP - Day 1,331: Big Dog Energy LLC Shale Gas Well Pad Lacks Secondary Containment To Contain Spills, Has No Emergency Response Plan In Westmoreland County [PaEN]

-- DEP - Day 2,447: American Natural Resources LLC Fails To Comply, Does Not Respond To Order To Plug 6 Conventional Wells It Abandoned In Allegheny County [PaEN]

-- DEP - Day 221: HR McClure Fails To Plug 3 Conventional Oil & Gas Wells It Abandoned In Greene County; Failed To Submit Production, Waste, Well Integrity Reports For 5 Years [PaEN]

-- DEP: Contaminated Reuse Water Used In Fracking Overtopped Containment; Tank Truck Carrying Contaminated Water Rolls Over At Range Resources Appalachia Shale Gas Well Pad In Lycoming County [PaEN]

-- DEP - Day 545: Oil & Gas MGMT Inc Failed To Finish Cleanup Of Conventional Oil Well Spills Or Respond To DEP Violations In Westmoreland County [PaEN]