Because of these violations, this coalition asks the Court to throw out FERC’s order and the preliminary permit issued to York Energy Storage.
“FERC’s policy of granting almost all preliminary permits unless the project faces a ‘permanent legal barrier’ is contrary to Federal law, FERC’s own regulations, and basic principles of administrative law,” said Jesse Dillon, the Lancaster Conservancy’s special legal counsel. “A recent U.S. Supreme Court decision found that courts no longer have to defer to FERC’s interpretations of law. So, we asked the Court to properly interpret Federal law and reverse FERC’s decision to grant York Energy a preliminary permit.”
The coalition also argues that FERC wrongly ignored comments about how issuing the preliminary permit would harm residents, businesses, and local organizations and did not meaningfully consider public comments or assess the public interest, as required.
“For more than three decades, the owner of York Energy Storage has returned again and again with applications that cast a long shadow over this region,” said Fritz Schroeder, president and CEO of Lancaster Conservancy. “Five attempts since the 1990s have left communities and property owners in a state of uncertainty, held captive by a process never meant to be used this way. The preliminary permit system that FERC administers is designed to encourage responsible exploration. For the sake of the land, the people who call it home, and the integrity of the process itself, this preliminary permit should be overturned.”
“It is inexcusable for FERC to rubber stamp a preliminary permit and dismiss the impacts of that permit on the Susquehanna River region,” said Ted Evgeniadis, Lower Susquehanna Riverkeeper. “Over 1,000 comments from stakeholders, including farmers and homesteaders who feed our communities, went unheard. We are encouraged by the wide-ranging support we are receiving from partners, elected officials, neighbors, and the broader community to halt this project and ensure that Cuffs Run is protected, forever.”
Background
The U.S. Circuit Court of Appeals for the Third Circuit, located in Philadelphia, is a federal court that reviews actions of federal agencies like FERC that impact residents in Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands.
The partners hired appellate counsel from Clement & Murphy, PLLC, to appeal FERC’s decision to the Third Circuit.
This firm specializes in US Supreme Court, appellate, and strategic litigation, and their lawyers have argued over 150 cases before the Supreme Court and countless more in federal and state appellate and trial courts throughout the country.
The next steps in the appeal process include two more rounds of briefs, oral argument before a panel of three judges, and preparation of a decision by the Court. A decision is not expected until late 2026 or early 2027.
If successful, the appeal could help bring about a permanent end to the Cuffs Run project or any future pumped storage projects at this location.
“The Cuffs Run facility would carve a permanent scar on the Susquehanna River landscape, and we’re fighting to stop it,” said Paul Smail, vice president for litigation and general counsel for Chesapeake Bay Foundation. “This brief is a significant step in our ongoing battle. We’ll continue to stand strong with our partners to protect the Susquehanna River and people who call this special place home.”
On Nov. 21, 2024, FERC granted York Energy Storage a preliminary permit to study the construction of a pumped storage facility at Cuffs Run along the Susquehanna River.
The preliminary permit gives York Energy Storage at least four years (and as many as eight years) to complete required studies about the project and decide whether to proceed with a full hydroelectric license application.
During this lengthy study period, the region will experience continued uncertainty, hindering the ability of numerous landowners in and around the project area to plan for the future of their farms and wooded areas as well as impeding the continued expansion of preservation, conservation, and recreation efforts in the region while the possibility of this project looms.
The project would involve construction of a 1.8-mile dam and power turbine pumped storage facility at Cuffs Run ravine and creek, a tributary to the Susquehanna River.
The proposed facility, which would use 1960s-era technology and consume about 30% more electricity to pump water than it would actually generate, would displace over 40 residents and destroy preserved farms as well as forested lands that are critical to ensuring the ecological health of the Susquehanna Riverlands Conservation Landscape and waterways.
"Farm & Natural Lands Trust of York County stands firmly with our partners in opposition to this project,” said Sean P. Kenny, executive director of Farm & Natural Lands Trust of York County. “Landowners have entrusted FNLT with the permanent protection of hundreds of acres within and surrounding the footprint of the proposal. Repeatedly targeting these productive agricultural lands, forests, and waterways ignores the long-term conservation commitments made by the people who call this landscape home, and those who enjoy the scenic beauty of this section of York County and the Susquehanna River."
The landscape of the lower Susquehanna River gorge has been recognized by both state and federal governments as worthy of protection and investment.
The state of Pennsylvania prioritized this area for protection as a Conservation Landscape in 2010, and the federal government designated the region a National Heritage Area in 2019.
"This project threatens local communities and conservation opportunities within a nationally recognized landscape," said Mark Platts, Susquehanna National Heritage Area’s president and CEO. “We want the Court to protect Cuffs Run by making sure the community's voice is heard."
In the last 10 years, over $100 million has been invested by county, state, and federal governments as well as nonprofit partners and local municipalities along the river.
These investments have supported a thriving and growing outdoor recreation and tourism economy, which would be threatened should yet another energy facility be added on this stretch of the river, which is already home to three other hydroelectric dams and one other pumped storage facility.
The facility would also forever impact a scenic section of the Mason-Dixon Trail, a designated National Recreation Trail in York County; the viewshed from the popular multimodal Enola Low Grade Trail in Lancaster County; and the lower section of the Susquehanna River Water Trail, which is part of the Captain John Smith Chesapeake National Historic Trail.
Learn more by visiting the Lancaster Conservancy’s Protect Cuffs Run webpage.
Click Here for a copy of the announcement.
Related Articles This Week:
-- USDA Natural Resources Conservation Service Announces Jan. 15 Deadline To Apply For Major Conservation Assistance Program, Including Regenerative Pilot Program [PaEN]
-- Fish & Boat Commission Grant Funding Available To Improve Watersheds In York, Lancaster Counties [PaEN]
-- Westminster College Honors Student Research And Creative Works At 18th Student Symposium On The Environment [PaEN]
-- Unionville H.S. Rowing Club Finds New Home With Chester Water Authority On The Octoraro Reservoir; Student Service Projects Help Protect Reservoir [PaEN]
NewsClips:
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-- The Allegheny Front: EPA Hears Competing Views On New Proposed Rollbacks For Federal Wetlands, Water Protections
-- WHYY: Road Sale Remains In PA, NJ, DE Waterways Months After Winter Storms, According To New Stroud Water Research Center Data
-- Middle Susquehanna RiverKeeper Blog: 2026 Middle Susquehanna Naturalist Calendar Now Available For Order
-- Chesapeake Bay Journal: Maryland Legislature Overrides Governor’s Veto Of Bills To Study Costs Of Greenhouse Gas Emissions In MD; Economic, Energy, Environmental Impacts Of A.I. Data Centers, Setting Up State Energy Office
[Posted: December 18, 2025] PA Environment Digest