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An Environmental Hearing Board judge Friday denied a request for a temporary stay filed by three environmental groups opposing state permits that clear the way for Sunoco Logistics LP to build its 350-mile Mariner East 2 pipeline.
The hearing was held Thursday in Harrisburg after the Clean Air Council, Delaware Riverkeeper Network and Mountain Watershed Association filed an appeal Monday seeking the stay, hours after 20 permits were approved by the Department of Environmental Protection.
Judge Bernard A. Labuskes Jr. ordered the parties to submit a joint case management order by Friday, with each party identifying areas of consensus and outlining areas where they disagree.
Labuskes scheduled a second hearing on the request for March 1-3, with additional days in March if necessary.
The Environmental Hearing Board is a specialized court established to hear appeals on DEP actions. The case was assigned to Labuskes, a Pittsburgh native who lives in Cumberland County.
The controversial 20-inch pipeline would run parallel to the company's 12-inch Mariner East line, both carrying propane, ethane and butane to the Marcus Hook plant near Philadelphia.
According to the DEP permit, the pipeline would traverse about 36 miles in Westmoreland County, crossing some 270 properties in Jeannette, Murrysville and eight townships: Rostraver, South Huntingdon, Sewickley, Hempfield, Penn, Salem, Loyalhanna and Derry.
Before Sunoco Logistics can move forward with construction, it must gain Army Corps of Engineers approval.
Joseph Minott, chief council for the Clean Air Council, said he was disappointed by the ruling but looks forward to proving the groups' case.
“We look forward to making our case to the court as quickly as possible. The inadequacy of the DEP's permits should be troubling to all Pennsylvanians,” Minott said in a prepared statement.
“It is indeed a great concern that any delay in getting this before the court will cause irreversible harm to our rivers, forests and wetlands. DEP has a duty to protect Pennsylvania's environment and they are failing to do so in this case,” he said.
Later in the day Friday, the groups filed a request for an expedited hearing and a reconsideration of the request for a temporary stay.
DEP spokeswoman Lauren Fraley said the department does not comment on matters under litigation.
Before the hearing began Thursday, a media group twice filed requests with the hearing board seeking an audible recording of the hearing, according to court records. Sunoco Logistics LP responded with an objection.
Labuskes denied the media group's request to record the hearing, court dockets show.
Sunoco Logistics LP was not immediately available for comment.
Dillon Carr is a Tribune-Review staff writer. Reach him at 724-850-1298 or dcarr@tribweb.com.
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