State Reps. and Chesco's Commissioners Call For Halt Of Mariner East Pipeline

EXTON, PA — A Pennsylvania legislator who represents residents in Chester County impacted by Sunoco's drilling and spilling has called for a complete halt after the company was charged with crimes on Tuesday, along with Chester County's Board of Commissioners.

State Rep. Danielle Friel Otten (D-155th), chair of the Pennsylvania House Legislative Climate Caucus and member of the House Environmental Resources and Energy Committee, issued a statement regarding today’s announcement that Pennsylvania Attorney General Josh Shapiro has filed criminal charges against Sunoco Pipeline-Energy Transfer for environmental crimes related to the Mariner East pipeline project.

Otten said in a news release Tuesday afternoon, “This morning, PA Attorney General Josh Shapiro came to Marsh Creek State Park to announce 48 criminal charges against Energy Transfer, the developer of the Mariner East II pipeline. The charges, most of which are for releasing industrial waste at 22 sites in 11 counties across the commonwealth, include 22 counts of prohibition of discharge of industrial waste under the Clean Streams Law; 22 counts of the 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 for willfully failing to report incidents to the Department of Environmental Protection."

“Attorney General Shapiro is sending a clear message to Energy Transfer and other pipeline operators: You cannot operate in Pennsylvania and play by your own set of rules. If you break Pennsylvania law, you will be tried in a criminal courtroom in Pennsylvania," Otten said.

Read the story about Shapiro's announcement of charges against Energy Transfer here.

Chester County Commissioners Marian Moskowitz, Josh Maxwell, and Michelle Kichline also released a statement in response to Shapiro’s charges against Energy Transfer-Sunoco Pipeline LP, calling again for a halt to Mariner East 2 construction.

"In August 2020 we notified the Attorney General’s Office of the incident at Marsh Creek Lake involving Energy Transfer. At the same time, we asked Governor (Tom) Wolf to suspend Energy Transfer's authority to construct and operate the Mariner East 2. In light of today’s charges, we repeat that urgent request," the Commissioners' statement said.

"Holding Energy Transfer accountable for their actions is long overdue. We are delighted to hear of today’s action by Attorney General Shapiro, announcing 48 criminal charges against Energy Transfer. Energy Transfer has shown itself to be a poor corporate citizen in Chester County throughout the years-long Mariner East 2 pipeline construction period. The disastrous spill into Marsh Creek Lake, which the grand jury determined to be between 21-28 thousand gallons, was one of the most devastating examples of the callousness shown towards our residents and our precious natural resources," the Commissioners' statement said.

State Rep. Dianne Herrin (D-156th) applauded the charges Shapiro announced, and in a news statement said, “This company’s reckless behavior and willful ignorance of the laws of our commonwealth are a direct violation of our constitutional right to clean air and water,” Herrin said. “I applaud the attorney general for holding this bad actor accountable and pushing back against this company that has severely damaged the health, safety and well-being of our communities, our environment and Pennsylvanians across the state.”

Otten also said, “Today’s announcement would not have been possible without years of community organizing and the steadfast efforts of impacted citizens across Chester County and the commonwealth. I am full of gratitude for their work and the work of Attorney General Josh Shapiro, Chief Deputy Attorney General Rebecca Franz, Chester County District Attorney Deb Ryan and the members of the grand jury. It is gratifying and validating to hear our neighbors’ stories told and to know that we have a chance to bring them some justice."

The longtime advocate for action against Sunoco, Otten said in her statement, “These criminal and felony charges against Energy Transfer are just a first step in holding Energy Transfer accountable. If convicted, they will be sentenced to fines and restitution. It is imperative that the House and Senate work together to pass stronger legislation to address gaps in our laws, protect the health and safety of Pennsylvanians, and stop these multi-billion-dollar corporations from playing by their own set of rules," said Otten.

“Now that the attorney general and the grand jury have done their job, there should be no question: It is time for an immediate halt of the Mariner East pipeline project. I am once again calling on Governor Wolf, the DEP, and the PUC to revoke Energy Transfer’s permits to operate in Pennsylvania, hold the polluters accountable for their dangerous, negligent, and willfully unlawful actions, and protect Pennsylvanians’ constitutional right to clean air and pure water," Otten said.

Herrin added, “These charges of blatant negligence solidify the fact that it is past time for Governor Tom Wolf and DEP Secretary McDonnell to immediately pull the Mariner East pipeline permits and halt all new permitting for this project."

“These charges have been a long time coming,” said State Rep. Kristine Howard (D-167th). “On Jan. 24, 2019, as one of my first acts in office, I called on Attorney General Shapiro to investigate (Energy Transfer)."

Howard added, “I see this move as the best way to hold (Energy Transfer) responsible for their long history of mistakes and violations. By filing these charges, the attorney general has not only named (Energy Transfer) as a bad actor, but a downright criminally bad actor with a complete disregard for both the environment and the people of Pennsylvania.”

Otten was present at Marsh Creek State Park with other local officials in August 2020 after Sunoco spilled drilling fluid into the lake — a spill reported as 8,100 gallons but which Shapiro said investigators learned was nearly three times that large.

Otten said in her Tuesday statement, “These charges come 14 months after Energy Transfer’s massive spill of drilling fluid at its Mariner East 2 pipeline construction site near Marsh Creek State Park. On August 10, 2020, Sunoco reported a spill of approximately 8,000 gallons of drilling fluid, impacting Marsh Creek Lake, two tributaries, and a wetland. According to the grand jury presentment, the actual number is much higher, between 21,000 to 28,000 gallons. While the wetland has been at least partially cleaned up, no remediation has begun on the lake. The drilling mud, containing undisclosed additives, remains at the bottom of the lake, and 33 acres of the 535-acre public lake remain off-limits to boating, fishing, and other recreation.” Questions may be directed to Otten’s office by calling 484-200-8259.

Chester County's Commissioners expressed support for Shapiro's call for legislation to address environmental crimes. "Now it is the Pennsylvania legislature's turn to take action and enact stronger laws that will protect our citizens and environment. For our part, we will continue to act and advocate with any power we possess to protect and safeguard our citizens," the Commissioners' statement said.

Howard echoed that support. “I agree with the Attorney General that fines are not enough,” Howard said. “Last January, in the wake of DEP’s issuance of $30.6 million in fines to ETP for violations related to the 2018 Revolution Pipeline explosion and fire, I said I was underwhelmed, and that ‘fines like this are little more than the cost of doing business for multi-billion-dollar companies like Energy Transfer Partners. And the lifting of the longstanding permit ban is a tremendously unwarranted leap of faith in a company that has consistently shown itself a bad actor."

“I look forward to working with Attorney General Shapiro to sponsor, support, and vote for legislation that increases penalties on polluters to a level that gets their attention and curbs their bad faith and criminal behavior,” Howard added.

Chester County Commissioners said, "As we have consistently said, the Commonwealth has the responsibility and authority to regulate Energy Transfer’s activities, including any alleged criminal behavior. We appreciate the Attorney General's efforts to protect our residents and our environment. We echo his call for any homeowner who believes their drinking water or property has been impacted by Energy Transfer to contact the Attorney General’s Environmental Crimes section at 570-904-2643."

Here are backstories on Energy Transfer and Sunoco's activity in Chester County as the AG's investigation was ongoing:

• Read a Patch report on the spill that happened in August 2020 here.
• Read about DEP's order to Sunoco to reroute the Mariner East 2 pipelines around Marsh Creek State Park, here
• Read about Sunoco's attempt to overturn DEP's reroute order, claiming harm, here.
• Read about calls from lawmakers to revoke the Mariner East 2 operating license, after the spill of drilling fluid into Marsh Creek Lake, here
• Read about sinkholes forming along pipeline construction in Chester County here.
• Read here about a complaint filed by Chester County's District Attorney calling the Mariner East pipeline a public nuisance.
• Read here about a plan for emergency preparation and response issued by Chester County's Commissioners, in a county where Energy Transfer's pipelines cross 12 municipalities.

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