The Pennsylvania Supreme Court’s most recent decision striking down portions of Act 13 dealing with eminent domain for oil and gas industry projects did not disturb a prior decision allowing Sunoco to condemn property for its Mariner East 2 pipeline, the Commonwealth Court has ruled.
A split three-judge panel held Monday that the Supreme Court’s sweeping decision last year in Robinson Township v. Commonwealth did not require the Commonwealth Court to depart from the reasoning behind its decision last year in a separate case, which had found that Sunoco’s Mariner East 2 pipeline project is a public utility service with the ability to condemn property under eminent domain.
