This is a tale of two district attorneys.
Both are Republicans.
Both are running for re-election.
Both will face Democratic opponents in November.
Both represent areas that are at the heart of the controversy raging over the Mariner East pipeline project.
And now both have launched criminal investigations into the construction and operation of the $5 billion project that will carry hundreds of thousands of barrels of highly volatile liquid gases the full width of Pennsylvania, from the Marcellus Shale region to a facility in Marcus Hook.
Along the way they traverse through through 23 miles across the heart of Chester County, and snake another 11 miles through western and lower Delaware County.
But how Tom Hogan, D.A. in Chester County, and Katayoun Copeland, top law enforcer here in Delaware County, got to this point could not be more different.
Back in December, Hogan held a full-blown press conference to announce he was launching a criminal investigation, and went out of his way to note his belief that state agencies and officials had not adequately responded to citizens' concerns after a series of incidents involving the pipeline, including sinkholes, spills and several runoffs.
He followed that up by taking steps to impanel an investigative grand jury to hear from witnesses and review documents. The grand jury would then decide whether to issue any indictments. How do I know this? Because I got called to be part of the grand jury pool. I didn't make the cut.
Then there is the case of Copeland.
Ever since Hogan made his audacious announcement back in December, the whisper among pipeline foes here has grown a little louder each day.
Where is Copeland? Why isn't she doing the same thing? Why hasn't she launched a probe of her own?
This week Copeland revealed that she had in fact joined with the state attorney general in launching a criminal investigation of Mariner East.
But she did so in a way that could not have been more different than her counterpart out in Chester County.
In fact, I'm not sure that Copeland would have said anything at all if her hand had not been forced by the A.G.'s office. Josh Shapiro actually beat Copeland to the punch - after getting questions from us.
This started as a follow-up to an announcement by Hogan's opponent out in Chester County. Deb Ryan said she was requesting Shapiro's office to get involved in the investigation. So naturally we asked Shapiro's office for comment.
Surprise! Shapiro's team indicated they already had launched an investigation.
But there was an even bigger surprise.
They indicated they did so after getting a request from the Delaware County D.A.
Finally - actually at 8:36 p.m. Monday - Copeland's office sent out an email announcing the joint investigation.
No big press conference. No hoopla.
However, I did notice that Copeland in the release went out of her way to praise the cooperation of several of the grassroots groups that have been opposing the pipeline project since its inception. Groups like Del-Chesco United for Pipeline Safety and the Middletown Coalition for Community Safety.
Now only a cynic would believe that there are political implications involved in this.
A cynic would note Hogan is playing to Chester County citizens clearly ticked off at Energy Transfer Partners and their local affiliates, Sunoco Logistics and Sunoco Pipeline. And that perhaps Copeland is seemingly less enthusiastic about taking on the legacy of the once-proud Delco business icon because Sunoco still has very deep roots in this county, and some strong ties to some very powerful people.
If all that is the case, then you can paint Kurt Knaus as a big-time cynic.
Knaus is the spokesman for the Pennsylvania Energy Infrastructure Alliance, a statewide group boosting the energy industry. Yeah, they like pipelines. They're not buying any of the protests.
And this week Knaus threw a little gasoline on the political bonfire that is swirling around Mariner East.
But if it appeared that Copeland was reluctant to join the fray, that did not help her avoid Knaus' scorn.
He put out a press release saying Copeland had "jumped on the political bandwagon with Chester County District Attorney Tom Hogan" in seeking these investigations.
And he could not resist this flourish: "And all the media attention that comes with it."
Knaus said the twin moves by the D.A.'s come as the two Republicans face re-election fights in southeastern Pennsylvania counties "where voters have started to lean left and recently sent several legislative incumbents packing in the 2019 general election."
And Knaus was just warming up.
"These investigations have more to do with campaign publicity than with the project itself," Knaus said.
Knaus said Mariner East has undergone intense regulatory and public scrutiny from both the state Public Utility Commission and Department of Environmental Protection. He claimed the permits issued for the pipeline "are among the most stringent DEP has ever issued for this type of construction activity."
He offered this final statement on behalf of Pennsylvania Energy Infrastructure Alliance:
“These investigations have nothing to do with a legally permitted pipeline project and everything to do with the politics of candidates seeking re-election. This isn’t about public safety or the environment as much as it’s about garnering as much media attention as possible on a high-profile issue during an election year. The record here is clear: This is a legally permitted project that underwent years of intense regulatory and public scrutiny.”
There you have it. Two D.A.'s. Two paths to an investigation that could not be more different.
If Copeland was hoping to keep this low-key, you might say that possibility is no longer in the pipeline.
Comments