Sunoco

By Anne Meador - DC Media Group, April 4, 2016

The Sheriff, District Attorney and a judge in Huntingdon County, PA may have stretched the law and infringed on individual civil rights in assisting a gas transmission company to get a wildlife sanctuary cleared for pipeline construction.

Sunoco Logistics Partners is in the midst of eminent domain proceedings in Central Pennsylvania to construct the Mariner East 2 pipeline. A court order favorable to the company, punitive bail set for activists resisting the clear-cut for the pipeline, plus allegations of endangerment and arbitrary arrests–one allegedly ordered by the District Attorney–point to local courts and law enforcement looking out for Sunoco’s interests.

A judge issued an emergency injunction on March 28 to allow Sunoco to proceed with clear-cutting three acres of the Gerhart family’s land, even though they are still pursuing litigation. Their supporters took to the trees on March 29-31 in an attempt to stop or delay the chainsaw crew. Three tree-sitters were backed up by a support team in a civil disobedience action “of last resort.”

Sheriff’s deputies arrested one of the property owners and two of the liaisons between the tree-sitters and law enforcement officers. For the activists, the judge set bail out of proportion to the misdemeanor charges. In one case, bail was set at $200,000.

The pipeline resisters say that the safety of the three tree-sitters was threatened, and law enforcement officers refused to stop crews from cutting down trees near them. With high wind speeds, there was danger of creating a wind tunnel by clearing a long path for the pipeline. “They told us the people should get down if they didn’t want to be cut down,” said Megan Holleran.

Liz Glunt was arrested when she crossed into the right-of-way to warn tree-cutters that they were getting too close. She met the $100,000 bond and was released the next day.

Property owner Ellen Gerhart says she wasn’t near the right-of-way when she was arrested, although she was alarmed that a tree had been felled so close to the one her daughter perched on that it brushed it on the way down. The deputies said she had been arrested because she was “in the danger zone.”

Alex Lotorto said he had been asked to come to the Gerharts’ and take on the role of police liaison. He assists landowners around the state who are facing pipeline easements with things such as getting attorneys to negotiate for them. He called a civil disobedience action like this one a last resort for landowners to consider only when nothing else has worked. “It’s a piece of leverage they have in these one-sided negotiations,” he said.

At the Gerharts’, he said he spent 3 1/2 hours discussing everyone’s intentions with police officers and rules and regulations pertaining to the right-of-way and wetland boundaries. His aim, he said, was to make sure that everyone remained safe. The state police, however, ran a background check on him and discovered that he had participated in protests like this one before.

Sheriff’s deputies arrested him and said they did so on the orders of the Huntingdon County District Attorney, according to Lotorto. (The District Attorney had not returned calls by press time.) Lotorto maintains that he never stood in the right-of-way, raised his voice or refused to answer a question.The official grounds for the arrest were that he was carrying a two-way radio. Lotorto says he used it only to communicate with others on the ground, and he was not involved in the tree-sit.

By Reid Frazier - The Allegheny Front, March 30, 2016

Web Editor's Note: This campaign involves members of the IWW.

As the chain saws revved nearby, Elise Gerhart was literally up a tree Tuesday protesting a pipeline slated to course through her family’s wooded property.

Gerhart, 29, of Huntingdon, and about 20 protesters coalesced around the Gerhart property as a work crew—chaperoned by local sheriff’s officers—took down trees along the property. Two protesters were arrested as the work crews cleared land for Sunoco Logistics’ Mariner East 2 pipeline, which will carry natural gas liquids from Ohio, West Virginia and western Pennsylvania to the Philadelphia area.

The company was granted a right-of-way on the Gerhart’s land by a judge through eminent domain in January. Though they are appealing that decision, the Gerharts were ordered by Huntingdon County Common Pleas Court Judge George Zanik Monday to stay clear of the chain saw crews.

Elise Gerhart said she didn’t know what else to do, so she climbed a tree early Tuesday to keep the crews away from at least one tree. 

“We’ve been forced to do this because the government isn’t protecting us,” Gerhart said, wearing a helmet and sitting on a platform wedged between branches of the tree, 40 feet in the air. “These agencies aren’t doing their job to protect the people and the environment.”

Two protesters were arrested for violating the judge’s orders. Huntingdon County District Attorney Dave Smith says the protesters were Elizabeth Glunt of Altoona and Alexander Lotorto of Milford. Bail for each was set at $100,000.

The chainsaw crew was attempting to finish the cutting by March 31, the end of tree-clearing season established by the U.S. Fish and Wildlife Service to protect migratory birds and the Indiana bat.

Elise Gerhart said she would stay in the tree until the end of the week, when the tree-clearing season ends.

The Gerharts bought the property in 1982 and have participated in a state program to preserve forestland on their property.

As she watched a chainsaw crew cut down a tall tree, Ellen Gerhart, Elise’s mother, teared up.

“It’s our little part we thought we could do some good in by at least protecting three acres of Pennsylvania.” 

The Gerharts are among dozens of property owners in Pennsylvania fighting with Sunoco over Mariner East 2. The $2.5 billion pipeline travels through 2,700 properties in Ohio and Pennsylvania.

Company spokesman Jeff Shields said in an e-mail that the pipeline will carry “mostly propane and butane, with some ethane.” These liquids can be used for home heating but also as the raw materials for plastics. Shields says the ethane would be exported from the Marcus Hook industrial complex in Philadelphia overseas but eventually could be “part of other petrochemical processing units” at the complex. 

“(T)oday Sunoco Pipeline proceeded under the law and continued with our tree-felling activity in Huntingdon County,” Shields said. “We will continue to work with landowners to address their individual needs and concerns, but as the court noted, protesters do not have the right to prevent Sunoco Pipeline from conducting lawful activity.”