PHILADELPHIA – Sunoco argues that a nuisance lawsuit filed by a Chester County couple due to the construction of the Mariner East pipeline for oil and gas products through their neighborhood should be dismissed for lack of jurisdiction.
Thomas Wineburg and Kate Wineburg of West Chester first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Oct. 28 versus Sunoco Pipeline, L.P. (also known as “Energy Transfer Partners L.P.”) of Dallas.
The suit explained that over the past eight years, Sunoco conceived and constructed two separate Mariner East pipelines to transport natural gas liquids, such as ethane, propane and butane, which are byproducts of fracking, from shale fields in Ohio, West Virginia and Western Pennsylvania, across the state to terminals situated in both Pennsylvania and Delaware.
“The Mariner East pipeline project uses a variety of drilling methods to lay pipeline including but not limited to the use of traditional drilling methods involving trench digging, as well as using high-pressure water, mud and chemicals to break up rock formations and soil,” the suit said.
“The drilling process in the plaintiffs’ neighborhood has caused persistent, intrusive, offensive and disturbing noise throughout the plaintiff’s neighborhood. The process of laying the Mariner East pipeline in the plaintiff’s neighborhood has lasted for several years.”
The suit added that Sunoco continuously violated local noise laws by conducting drilling activities at high decibel levels, leading the Chester County District Attorney’s Office to begin a grand jury investigation over the company’s alleged actions constituting a public nuisance.
“The EPA states that noise pollution adversely affects the lives of millions of people. Studies have shown that there are direct links between noise and health. Problems related to noise include stress-related illnesses, high blood pressure, speech interference, hearing loss, sleep disruption and lost productivity. Exposure to constant or high levels of noise can cause countless adverse health effects,” per the suit.
“Defendant’s decision to persist in causing this continuing nuisance at plaintiffs’ home constitutes a willful, reckless, careless, wanton and wholly intentional violation of the right of the plaintiffs to the quiet use and enjoyment of their home.”
UPDATE
Counsel for Sunoco Pipeline filed to dismiss the case on Jan. 4, citing a lack of subject-matter jurisdiction and no diversity of citizenship between the parties.
“Plaintiffs’ claims are all state common law tort actions, and plaintiffs do not allege any federal claim in the complaint. Rather, plaintiffs assert jurisdiction on the basis of diversity of citizenship. The complaint correctly identifies that Sunoco Pipeline is a limited partnership. Sunoco Pipeline is an indirect, wholly-owned subsidiary of Energy Transfer Operating, L.P. (formerly known as Energy Transfer Partners L.P.), which is itself a publicly-traded limited partnership, and as such, has partners and unit holders in all 50 states, including the Commonwealth of Pennsylvania,” the motion stated, in part.
“Sunoco Pipeline is therefore a citizen of Pennsylvania for the purposes of determining diversity of citizenship under federal law. Plaintiffs are also both citizens of Pennsylvania, as they are both domiciled in West Chester, Chester County, Pennsylvania. Thus, there is no diversity of citizenship between plaintiffs and Sunoco Pipeline that could provide a basis for jurisdiction in this Court, much less the complete diversity necessary under 28 U.S.C. Section 1332. The Court need go no further in its analysis, and should therefore dismiss the complaint.”
For counts of loss of quiet enjoyment, private nuisance, public nuisance, trespass, negligent infliction of emotional distress, the plaintiff is seeking compensatory damages for personal injury, harms to real and personal property, diminution in property value, punitive damages, costs of litigation, interest, delay damages and any other the Court deems appropriate, plus a trial by jury.
The plaintiffs are represented by Andrew Neuwirth of Neuwirth Law Office, in King of Prussia.
The defendant is represented by Diana Amaral Silva of Manko Gold Katcher & Fox, in Bala Cynwyd
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-05371
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com