Two additional counts were added, after the Grand Jury had concluded, bringing the total to 48 counts in 11 counties, based on a criminal referral from Pennsylvania’s Department of Environmental Protection.
Click Here for AG Shapiro's opening statement.
“There is a duty to protect our air and water, and when companies harm these vital resources through negligence — it is a crime,” said AG Shapiro. “By charging them, we can both seek to hold them criminally accountable and send a clear message to others about how seriously we take protecting the environment and public health.”
The Mariner East 2 Pipeline project crosses 17 counties in the southern tier of Pennsylvania. The Grand Jury learned that at many of the locations, Energy Transfer received permits that allowed horizontal directional drilling as the construction method.
While constructing the pipeline, Energy Transfer repeatedly allowed thousands of gallons of drilling fluid to escape underground, which sometimes surfaced in fields, backyards, streams, lakes and wetlands.
Energy Transfer failed to report the losses of fluid to the Pennsylvania Department of Environmental Protection numerous times, in spite of the legal requirement to do so.
The Grand Jury found that there were multiple drill locations where the drilling fluid contained unapproved additives that entered the waters of the Commonwealth -- impacting the drinking water of Pennsylvanians who rely on water wells.
“Under our state laws, if convicted, this company will be sentenced to fines and restitution. There is no jail time for these environmental crimes, and fines are not enough. That’s why we are, once again, calling for stronger laws to hold these companies accountable and protect Pennsylvanians’ health, and demanding DEP toughen up the independent oversight we need them to provide for the industries they regulate.”
In August 2020, early estimates said that 8,100 gallons of fluid spilled into Marsh Creek Lake in Chester County from an unintentional release. Later estimates have put that number much higher: between 21,000 to 28,000 gallons of contaminated fluid.
In total, more than 80,000 gallons of this fluid were released in and around the lake during the construction of this one segment of the pipeline between 2017 and 2020.
Grand Jurors heard from homeowners who complained of dangerous impacts to their drinking water, and residents who reported incidents of grey and coffee-colored water after construction began near their homes.
“Pennsylvanians from impacted communities testified about thousands of gallons of drilling fluid being lost underground — groundwater and lakes, rivers, and streams contaminated. What they said was consistent: Energy Transfer started drilling, the fluid started leaking, their drinking water was impacted, DEP wasn’t notified, and nobody was held criminally accountable. These charges are changing that, starting today,” said AG Shapiro.
The Delaware County District Attorney’s office was the first to refer this case to the Office of Attorney General and assigned a prosecutor from their Environmental Crimes Unit to work with our office on this case.
“Pennsylvania’s criminal prosecutors have made it clear that the environment and our communities will be protected, using the tools that the criminal justice system offers. I have established a unit dedicated to Environmental Crimes prosecutions that have supported this investigation and we will continue the fight for environmental justice,” said Delaware County District Attorney Jack Stollsteimer.
“We thank the Office of the Attorney General for their important work in holding Sunoco Pipeline L.P./ Energy Transfer accountable for these continuing and devastating environmental violations,” said Chester County District Attorney Deb Ryan. “Although my office filed a civil complaint against these perpetrators to stop their egregious behavior, we made the referral to the Office of Attorney General to assist us with these issues because of their vast resources and expertise in environmental law. We are grateful for our partnership in protecting the environment and the safety of our citizens.”
During the Attorney General’s announcement, he highlighted one Pennsylvanian’s story.
Rosemary Fuller of Delaware County testified that she entered into an agreement with Energy Transfer to allow drilling on her land. The company promised that their work would be so minimal that it would go unnoticed.
However, after construction on her property began, Fuller noticed sediment in her water that destroyed several appliances in her home. She reported it to Energy Transfer, and representatives told her the sediment that was in her water would not impact the safety of the water supply.
Several weeks later, testing revealed that she had high concentrations of e. coli and fecal coliform in her water. Her daughter who lived in her home and had used their water had to be hospitalized.
As of early this year, Ms. Fuller water contamination has not been resolved and she and her family are still facing issues with their drinking water which they use to bathe and do laundry.
The Grand Jury recommended that Energy Transfer be charged with 22 counts of Prohibition of Discharge of Industrial Waste under the Clean Streams Law; 22 counts of Prohibition Against Other Pollutions under the Clean Streams Law; two misdemeanor counts of Unlawful Conduct under the Clean Streams Law; and one felony count of Unlawful Conduct under the Clean Streams Law.
Additional Criminal Referral
AG Shapiro also announced his office received a criminal referral from DEP regarding an incident in West Whiteland Township concerning Energy Transfer’s utilization of a guided auger bore that led to the impact of a wetland and a nearby creek without permission from DEP.
This case is being prosecuted by Chief Deputy Attorney General Rebecca Franz. All charges are accusations and the defendant is innocent unless and until proven guilty.
Call On Lawmakers To Act
Attorney General Shapiro also called on lawmakers to enact new laws to strengthen oversight of the natural gas industry as recommended in an earlier grand jury report. [Read more here.]
Report Additional Crimes
If you believe that your drinking water or your property was impacted by Mariner East Pipeline construction, it's important that we in the Office of Attorney General know.
Please contact the Environmental Crimes section directly at 570-904-2643, or you can email us directly at EnvironmentalCrimes@AttorneyGeneral.gov.
Click Here for a copy of the criminal presentment.
Click Here for audio of the announcement.
Reactions
Sen. Carolyn Comitta (D-Chester), Minority Chair of the Senate Environmental Resources and Energy Committee, issued the following statement on Attorney General Shapiro announcement of criminal charges against the Mariner East Pipeline--
“In light of these serious criminal charges against Energy Transfer Partner, I am calling on the Pennsylvania Department of Environmental Protection (DEP) to halt the Mariner East pipeline project and issue a moratorium on all permits.
“These charges allege a pattern of behavior from Energy Transfer that put our environment, our communities, and our very public health and safety at significant risk.
“Worse yet, according to the charges, Energy Transfer repeatedly and willfully failed to oversee, notify, and report inadvertent returns, spills, and contamination of streams, waterways, wells, and sources of drinking water.
“It is now imperative that the project be halted and the investigation continue to determine the complete scope of the impacts of these alleged crimes. I thank Pennsylvania Attorney General Josh Shapiro and Chester County District Attorney Deb Ryan for working to hold Energy Transfer criminally accountable.
“And I am committed to working with the Attorney General’s office, DEP, local officials and stakeholders, and my colleagues in the legislature to ensure stronger oversight, tighter regulations, and stiffer penalties.
“Pennsylvanians have a constitutional right to ‘clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.’
“As Attorney General Shapiro expressed today and as is reflected in these charges and potential penalties, we need better laws, increased oversight, and more resources to protect those rights and to protect our communities, families, and natural resources.”
The Department of Environmental Protection issued this statement in response to the charges-- “Permittees are obligated to ensure that their projects are constructed without incident and in full compliance with permits and if they fail to do this, they should and will be held accountable.
“DEP has been consistent in enforcing the permit conditions and regulations and has held Sunoco LP accountable, collecting more than $20 million in civil penalties.
“The administration appreciates the diligence of the Office of Attorney General through the course of the investigation and will review the charges and determine if any additional actions are appropriate at this time.
“As noted by the Attorney General, DEP has cooperated with this office and shared information as appropriate in several instances.
“Further, the governor has repeatedly called on the General Assembly to strengthen existing laws on permitting processes to hold permittees to the highest level of accountability.”
[Visit DEP’s Mariner East Pipeline webpage for information actions taken related to the Mariner East Pipeline Project.]
PennFuture President and CEO Jacquelyn Bonomo issued this statement in response to the charges-- “The environmental crimes announced by Pennsylvania Attorney General Josh Shapiro today against Energy Transfer Partners are further proof of something we’ve known for some time now: this company has no respect for Pennsylvania’s laws, our communities, and our shared natural resources.
“This is a company that has routinely contaminated drinking water supplies, fouled our wetlands, streams and lakes, and has been fined more than $16 million for its repeated failures to operate safely and within the bounds of Pennsylvania law.
“This is one of the most penalized and notorious projects in our Commonwealth’s history, yet these fines and shutdowns from the Department of Environmental Protection have not curtailed the bad actions of this corporate polluter.
“PennFuture reiterates our call for the state to revoke the permits for the Mariner East pipeline project, as there is no evidence that Energy Transfer Partners will ever take seriously its responsibility to protect our residents and natural resources.”
Conservation Voters of PA Interim Executive Director Molly Parzen issued this statement--
"Conservation Voters of Pennsylvania applauds Attorney General Josh Shapiro for consistently prioritizing the prosecution of crimes that affect our constitutional rights to clean air, water, and a healthy environment.
"The Mariner East Pipeline has been a constant source of sinkholes, drinking water contamination, and drilling mud spills for the families in its path and we join the Attorney General in calling on the DEP to review their regulations and asking the legislature to pass meaningful legislation to hold polluters accountable.
“Our families and neighbors have simply waited too long for justice for their poisoned land and water."
Joseph Otis Minott, Esq., Clean Air Council Executive Director and Chief Counsel, issued the following statement: "These criminal charges are a critical step toward holding this reckless company accountable for the many disasters it has inflicted on the public’s health and Pennsylvania’s precious water resources.
“Residents have fought tirelessly to defend their right to clean air and water in the face of Energy Transfer’s ongoing abuse. We welcome the Attorney General stepping up to support them.”
NewsClips:
-- Inquirer - Frank Kummer: AG Shapiro Announces Criminal Charges Against Mariner East Pipeline Owner For Leaks
-- PG - Anya Litvak: PA Attorney General Announces 48 Criminal Charges Against Energy Transfer In Mariner East Pipeline Construction
-- PA Cap-Star: Shapiro Files Criminal Charges Against Energy Transfer In Construction Of Mariner East 2 Pipeline
-- AP: Mariner East Pipeline Developer Charged In Connection With Contamination
Related Articles This Week:
-- Attorney General Shapiro's: Statement Announcing 48 Environmental Criminal Charges Against The Mariner East Pipeline In 11 Counties
-- Sen. Comitta: Calls For Halt To Mariner East Pipeline Construction In Light Of Criminal Charges By Attorney General
-- Sen. Comitta: Calls For Hearings On The Failure Of Pennsylvania To Invest In Clean Energy Infrastructure
Related Articles:
-- Pipeline & Hazardous Materials Safety Administration: Told A Federal Court Sunoco Cannot Hide Risk Assessment Data For Its Mariner East 2 Pipeline
[Posted: October 5, 2021] PA Environment Digest
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