Washington County Judge Rules Sunoco Pipeline Did Not Have Eminent Domain Authority To Take Property For Mariner East Pipelines In Landowner Lawsuit Alleging Fraud

On February 7, Washington County Court of Common Pleas Judge Brandon P. Neuman ruled Sunoco Pipeline, LLC did not have eminent domain authority to take property for the Mariner East Pipelines in 2013 from Bradley and Amy Simon and possibly many other property owners.

Judge Brandon P. Neuman said it is “undisputed that in 2013 the Mariner East pipeline was an interstate pipeline that provided no service in Pennsylvania and was regulated by the Federal Energy Regulatory Authority as common carriers under federal law with no eminent domain authority.

Judge Neuman said since Sunoco was also not regulated as a public utility by the state in 2013, it also had no eminent domain power under state law.

In 2013, Sunoco Pipeline approached Bradley and Amy Simon in Nottingham Township, Washington County about an easement related to the Mariner East Pipeline project.

When asked about whether Sunoco had eminent domain authority, Sunoco produced a letter “setting forth the eminent domain authority of Sunoco Pipeline.”

“Plaintiffs allege in their Second Amended Complaint that it is based on these representations and the belief that condemnation of their property was imminent that they signed the Right of Way Agreement on September 19, 2013.

“Plaintiffs allege that in August 2014 “they learned that Defendant Sunoco Pipeline did not have eminent domain authority” in 2013 when the Right of Way was negotiated, and the Agreement was signed.”

The Observer-Reporter said in an article on February 11 construction had begun on the Simon’s property in 2014 “causing soil erosion and muddy runoff that damaged a 3-acre pond on the property,” according to the lawsuit.

The Simons filed their initial complaint in Washington County Court on June 8, 2015 and their second on December 2, 2016 alleging fraud, negligent misrepresentation, breach of contract and trespass.

The Judge concluded "Sunoco did not possess eminent domain powers between February 2013 and September 2013 when they entered into negotiations with Plaintiffs and a right of way agreement was signed."

Judge Neuman ordered the parties to attend a status conference on March 14 to discuss mediation options in this case.

The Mariner East Pipelines originate in Ohio and West Virginia and travel across Pennsylvania to Bucks County and Philadelphia.

Click Here for a copy of the ruling and order.

[Note: Sunoco Pipeline/Energy Transfer were convicted of criminal charges for environmental violations in the construction of the Mariner East and Revolution Pipelines in 2022 by then Attorney General Josh Shapiro and fined $10 million for the violations.  Read more here.

[DEP and the PUC have penalized natural gas and natural gas liquids pipeline companies over $55 million for violations during their construction and operation, primarily those operated by Sunoco and Energy Transfer, including a record $30 million against Energy Transfer for the 2018 explosion of the brand new Revolution Pipeline in Beaver County.  Read more here.

[There is no state law or regulation that requires natural gas and hazardous liquids pipelines to carry something as basic as insurance or show they can pay for the deaths they cause or damages if pipelines explode, leak or kill someone, something every vehicle owner has to do. Read more here.]

Resource Links:

-- The Energy Age Blog: Judge Rules Sunoco Didn’t Have Eminent Domain Power For Mariner East Pipelines Work In 2013; Lawsuit Claims Company Coerced Property Owners Into Allowing Easements 

-- Observer-Reporter: Washington County Judge Rules Sunoco Did Not Have Eminent Domain Powers For Mariner East Pipeline In 2013 In Landowner Lawsuit Alleging Fraud   [PDF of Article]

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[Posted: February 11, 2025]  PA Environment Digest