Protesters who have been camped out in treetops and on the ground along the route of Sunoco’s Mariner East 2 pipelines in Huntingdon County were told by a court that they have 48 hours to get down and out of the way.
Common Pleas Judge George Zanic issued his order regarding the property of Ellen and Stephen Gerhart on Thursday. In addition to ordering that protesters move out, he wrote in the two-page order that they must also remove all structures, tree platforms, tents, vehicles and equipment from the area of a 3.2-acre easement Sunoco obtained in January 2016 for the construction of the project.
Anything not removed, the judge said, can be disposed of or destroyed by the company.
Judge Zanic, who heard arguments on the issue Tuesday, offered no written explanation of his order.
Sunoco sought an injunction to remove the protesters, whom it referred to as “eco-terrorists.” The $2.5 billion project would run a 350-mile gas pipeline to move natural gas liquids to terminals on the Pennsylvania-Delaware border. Most of the product is expected to be exported to Scotland for the production of plastics.
Sunoco used eminent domain to obtain the easement through the Gerharts’ property — a move the family challenged and lost, also before Judge Zanic.
They have appealed that order to the state Supreme Court, which has not decided whether it will take the case.
An attorney representing the Gerharts, Rich Raiders, said that under the law of eminent domain in Pennsylvania, the condemnor — in this case, Sunoco — can move ahead with the project even while on appeal. That means Sunoco can start construction, and if the state Supreme Court decides to take up the case and finds in favor of the Gerharts, Sunoco would simply be responsible for money damages.
Mr. Raiders believes that eminent domain in the case is improper because Sunoco is not acting on behalf of the public or government well-being.
Sunoco, however, argues that the project will create thousands of jobs and pour billions into the economy.
A study commissioned by Sunoco Logistics estimated that its Mariner East projects would add up to $4.2 billion to Pennsylvania’s economy, support 30,000 jobs during constructions and add 300 to 400 permanent jobs.
A spokesman for the company said he would have no comment on the court’s order.
The Pennsylvania Energy Infrastructure Alliance praised Judge Zanic’s decision as “validation” for the project.
“The public has had countless opportunities to provide input about the project over the past three and a half years. That includes opponents,” said Kurt Knaus, a spokesman for the group. “Regulators have spoken and so have the courts, repeatedly. It’s time to build this project without further delay.”
Protesters and volunteers have been camping out at “Camp White Pines” on the Gerharts’ 27-acre property since March to try to block the project. Their encampment includes an intricately roped and connected set of tree stands on the family’s property.
Mrs. Gerhart is a 61-year-old retired special education teacher who has been arrested three times trying to prevent the pipeline from entering her property. Her husband is 86.
Mr. Raiders said they would take the weekend to decide whether to appeal Judge Zanic’s decision to the Commonwealth Court.
Paula Reed Ward: pward@post-gazette.com or 412-263-2620.
First Published: June 29, 2017, 5:53 p.m.
