Tuesday, February 6, 2018

Sunoco Mariner East II Pipeline Appeals DEP Suspension Of Construction

Law 360 reported Monday the Sunoco Mariner East II Pipeline appealed DEP’s January 3 suspension of its construction permits until Sunoco can demonstrate that it can comply with its permit conditions.
Sunoco filed the appeal with the Environmental Hearing Board on February 2 (Case: 2018012).
Among the grounds for appeal cited by Sunoco were--
-- DEP incorrectly described the pipeline construction techniques used by Sunoco;
-- DEP mischaracterized the drilling mud spilled by Sunoco as industrial waste;
-- DEP imposed unreasonable burdens on Sunoco following the drilling mud spills;
-- DEP incorrectly identified work areas where spills occurred;
-- DEP lacks legal authority to require prior approval for changes to construction methods; and
-- DEP’s imposition of a shutdown order and related conditions is excessive, overbroad and an abuse of discretion.
[Note: As a result of a Consent Order and Agreement signed Thursday, Sunoco has agreed to withdraw this appeal.]
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