The battle of Mariner East 2

For Sunoco and its controversial Mariner East 2 pipeline plan, this is the equivalent of getting your knuckles rapped.

For more than a year now critics of the massive, $2.5 billion project that will ferry ethane, butane and propane across the full width of Pennsylvania, from the Marcellus Shale regions to the former Sunoco refinery in Marcus Hook have complained.

They have complained to their local officials. As it turns out, it was a little too late for that. Many school districts and municipalities had already sold easements to Sunoco and construction had begun when the protests began to pick up speed.

They have complained to their elected state officials.

They have complained to state agencies and even Gov. Tom Wolf. They actually got a sit-down with the governor, urging him to shut down the project until a new safety study on the pipeline plan could be done.

Some homeowners and municipalities went to court in attempts to stop the plan.

Not much has worked.

Despite being behind schedule, much of the pipeline is already in place, traversing about 11 miles across Delaware County and another 25 as it snakes its way across Chester County.

The problems have not gone away.

The pipeline incurred several incidents with spills, runoffs and problems with private water wells.

Finally, the state apparently had heard enough.

Wednesday the state Department of Environmental Protection halted all construction on Mariner East 2 across the state until Sunoco Pipeline Ltd., which is building the pipeline, can fix the problems that have plagued the project and sparked all those complaints from citizens and lawmakers.

DEP specifically blasted Sunoco for what it called "repeated violations" of the permitting process and failing to notify the agency of discharges of drilling fluid. It also nailed Sunoco, now a spinoff of Texas-based Energy Transfer Partners, for unauthorized drilling. This stems from work out near Harrisburg, where the company decided to use a controversial process known as horizontal directional drilling even though it was not permitted for that type of work. The company insists it was the environmentally preferred way to go about the work. DEP obviously did not agree.

"Until Sunoco can demonstrate that the permit conditions can and will be followed, DEP has no alternative but to suspend the permits," said DEP Secretary Patrick McDonnell. "WE are living up to our promise to hold this project accountable to the strong protections in the permits."

Gov. Wolf, who has been under siege by opponents of the project, and who just happens to be facing a difficult re-election campaign, sounded a similar note.

"Governor Wolf has made clear from the onset that he expects DEP to hold all permittees accountable to the conditions and requirements of Pennsylvania law which are implemented in all permits that are issued," a statement from his office said. "DEP today is doing just that. This suspension will remain in place until the operator demonstrates compliance with the administrative order that DEP issued. This provides assurance that going forward it will uphold all obligations under the strict permits issued for this project.

"It is incredibly important that operators adhere to the terms of their permit. A failure to do so puts jobs for the citizens of our commonwealth and investment in our communities at risk."

Yesterday's announcement sparked a tsunami of hosannas from local elected representatives, citizen and environmental groups who have been leading the charge against the pipeline.

But don't make the mistake of thinking this is going to stop Mariner East 2. I don't think it is.

And I'm not alone.

Both Sen. Andy Dinniman, D-19 of West Whiteland, one of the region's fiercest pipeline critics, and the citizen group Del-Chesco United for Pipeline Safety, tempered their enthusiasm for the DEP ruling with their ongoing concerns about the safety of the plan. Del-Chesco went so far as to call it a 'token bow to pressure' from Gov. Wolf.

Dinniman continued to express serious doubts about the wisdom of putting a pipeline carrying these materials in close proximity to schools, day care facilities, parks, libraries and senior living centers."

No doubt Sunoco will ready a plan for DEP showing how they plan to adhere to all permitting process and other regulations. They have consistently rejected claims that the project is not safe, or endangers the local water supply. They insist it is being constructed to the highest standards of the industry. They reassure that they have residents' safety at heart.

Bottom line?

The critics of Mariner East 2 have won a battle.

It remains to be seen if they will win the war.

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