Chester County District Attorney Opens Criminal Investigation Into Mariner East Pipeline

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Chester County District Attorney Tom Hogan announced that the District Attorney’s
Office (the “DAO”) has opened a criminal investigation into the construction of the Mariner East
1, 2, and 2X pipelines being constructed through Chester County. This investigation includes the
owners of the pipelines – – Energy Transfer LP, Sunoco Logistics Partners, and related corporate
entities (collectively, “Sunoco”).
District Attorney Hogan stated, “In the last two years, we have seen these pipelines rip
through the heart of Chester County. We have seen sinkholes created by the pipeline drilling,
contaminated well water, and some subtle and not-so-subtle bullying of Chester County citizens
by big corporate interests. We expected the state regulators and the governor to step in and
assure the safety of Pennsylvanians. They have not. So now the Chester County District
Attorney’s Office will demand that every aspect of these pipelines be conducted safely, or we
will bring into play all of the tools of the criminal justice system.”
The Mariner East 1, 2, and 2X pipelines are intended to ship volatile natural gas from
western Pennsylvania all the way to Marcus Hook in Delaware County, Pennsylvania. These
pipelines cut directly through the middle of Chester County, bisecting heavily populated
residential areas, running near schools and businesses, and in close proximity to railroads and
streets.
The Mariner East 1 pipeline previously existed to ship refined petroleum under Chester
County running from the eastern portion of Pennsylvania to the west. Refined petroleum is a
very different substance than natural gas and Mariner East 1 is smaller than the planned Mariner
East 2 and 2X pipelines. Sunoco intended to build the Mariner East 2 and 2X pipelines along the
same route as Mariner East 1. In order to accomplish this, they intended to use horizontal
directional drilling, a process that can be problematic depending on the area where drilling is
occurring. Sunoco also introduced plans to reverse the flow of Mariner East 1 and use it to ship
natural gas under Chester County in the older and smaller pipeline.
The Mariner East pipeline construction has experienced significant problems. On the
property of homes in West Whiteland Township, the drilling resulted in significant sinkholes in
the residents’ back-yards. In another area of Chester County, the drilling caused the apparent
contamination of well water for multiple residences. In Beaver County, Pennsylvania, there was
an explosion along a pipeline, destroying a home. The Department of Environmental Protection
has fined the owners of the pipelines. But the construction of these pipelines keeps continuing.
“Two things recently happened that drew the attention of the District Attorney’s Office,”
District Attorney Hogan added. “First, the explosion in Beaver County changed speculation into
tangible danger and destruction. Second, over Thanksgiving, some of the residents of Lisa Drive
in West Whiteland were kind enough to take me onto their property and show me the damage
caused by the pipelines. The concerns and fears of those citizens were both disturbing and heartwrenching.
I then detailed District Attorney staff members to do the legal research to make sure
that the DAO had jurisdiction to investigate the pipelines and received an affirmative response.”
The District Attorney’s investigation will cover both past and future conduct related to
the pipelines. Potential charges include causing or risking a catastrophe, criminal mischief,
environmental crimes, and corrupt organizations. Such offenses could include criminal charges
directly against the individual employees involved, from workers on the pipelines through
corporate officers. Sunoco has been advised of this investigation via a letter. See attached,
Exhibit A.
District Attorney Hogan stated, “This investigation will not be easy. It will take time to
dig into the historical information and we will need to constantly monitor any future activity.
But we are committed to protecting Chester County. And we will need our citizens to help.”
Chester County Detective Ben Martin is the lead investigator. The assigned prosecutors
are Alexander Gosfield and Myles Matteson. Anybody with information should contact
Detective Martin at 610-344-6866.
District Attorney Hogan concluded with, “We understand that only the Pennsylvania
Utility Commission or the governor can shut down construction of these pipelines, and neither
has shown any inclination to do so. But we can at least make sure that anything that happens in
Chester County complies with the criminal laws of Pennsylvania. We owe that to our citizens.
Money should not be allowed to trump safety.”