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Rolfe W. Blume, et ux. v. Sunoco Pipeline, L.P.

Paid petition · Commonwealth Court of Pennsylvania, No. 1306 CD 2016 · judgment May 26, 2017

Certiorari denied · June 4, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

  1. Whether the Hazardous Liquid Pipeline Safety Act (HLPSA)1 preempts the Pennsylvania Public Utility Commission’s (PUC) jurisdiction to issue Certificates of Public Convenience resulting in eminent domain power when the HLPSA states it has exclusive jurisdiction, and when the PUC specifically states it does not have jurisdiction. 1 Also commonly referred to as the Pipeline Safety Act of 1979 (PSA).

Counsel of record

For petitioner
Michael Francis Faherty

For respondent
Robert L. Byer
Duane Morris LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 04 2018
    Petition DENIED.
  2. May 15 2018
    DISTRIBUTED for Conference of 5/31/2018.
  3. May 08 2018
    Waiver of right of respondent Sunoco Pipeline, L.P. to respond filed.
  4. Apr 19 2018
    Petition for a writ of certiorari filed. (Response due June 7, 2018)