Cambria couple sue Sunoco over pipeline damage

Construction results in raw sewage coming into kitchen sink, couple’s suit claims

A Cambria County couple on Thursday filed a federal lawsuit in Johnstown stating that the construction of the Sunoco Mariner East 2 Pipeline through their property in 2017 and 2018 destroyed their on-lot septic and water systems to the point that raw sewage was coming into the kitchen sink.

In addition, the lawsuit contends that the contaminated groundwater that entered the home located in Jackson Township also damaged the refrigerator, water heater and washing machine.

The couple, Ronald J. Shawley and Jane E. Shawley of 172 Albaugh Park Road, is seeking compensation in excess of $150,000 and punitive damages on each of two civil counts, charging Sunoco, headquartered in Dallas, Texas, with creating a nuisance and with negligence.

The Shawleys' attorney, John Kotsatos of Bethlehem, quoted Ronald as saying, "Sunoco came to us back in 2017 asking to run its underground pipeline through our property and assuring us that our home and land would be safe.

"Since then, our lives have been a living hell; no one should have to live like this. I regret the day I ever allowed this company to step foot on our property," he stated.

He claimed his drinking water well became contaminated after the company drilled a borehole.

The impacts that occurred were "almost immediate," according to Ronald Shawley.

The water became contaminated and Sunoco installed a tank to provide fresh drinking water.

The heavy construction equipment also "caused a complete collapse" on the septic system, according to the lawsuit.

"The company's blatant disregard for proper construction and safety protocols have resulted in frequent instances of raw sewage backing up into the Shawley home through the kitchen sink and other areas, destroying countertops and cabinetry," Kotsatos said in a statement he released Friday.

Attempts to obtain comment from Sunoco LP in Dallas were unsuccessful.

Mariner East 2 was a project to construct a 350-mile pipeline through Ohio, West Virginia and 17 Pennsylvania counties to the Marcus Hook Industrial complex in Delaware County.

In August, Pennsylvania Attorney General Josh Shapiro issued a news release stating that Sunoco and ETC Pipeline, subsidiaries of Energy Transfer LP of Dallas, had been convicted of criminal charges related to their conduct during the construction of two major pipelines: Mariner 2 East and Revolution Pipeline.

Energy Transfer agreed to contribute $10 million toward water restoration of properties along those pipelines.

"We have a constitutional right in Pennsylvania to clean air and pure water," Shapiro said in his Aug. 5 statement.

According to the lawsuit, Sunoco removed more than 60 large trees during construction on the Shawley property.

It stated that other trees succumbed to high winds upon removal of the larger trees.

The smaller trees, it is contended, when falling ended up destroying two fish ponds for Koi and goldfish that Shawley had constructed.

Kostatos said he is an experienced environmental lawyer but noted this is his first action against the Mariner East 2 project.

His lawsuit stated, "The (Shawleys') quality of life has been negatively impacted to such an extent that they are no longer able to use and enjoy their home and property in the way they previously enjoyed prior to (Sunoco's) acts and omissions."

Ronald Shawley, a veteran, uses another building on his property to provide food and clothing to needy veterans, Kotsatos stated.

The Johnstown case has been assigned to U.S. District Judge Stephanie L. Haines.