The Lancaster Conservancy, Chesapeake Bay Foundation, Lower Susquehanna Riverkeeper Association, Farm & Natural Lands Trust of York County, and Susquehanna National Heritage Area joined together in this appeal.
If it is successful, the appeal could significantly delay or bring about a permanent end to the Cuffs Run project or any future pumped storage projects at this location.
“This project would leave a permanent scar on our natural and historic Susquehanna River landscape and should be stopped at all costs,” said Fritz Schroeder, Lancaster Conservancy’s President and CEO. “This appeal is a significant step in our legal battle. 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 this beautiful stretch of the river is protected, forever.”
The Appeal
The U.S. Circuit Court of Appeals for the Third Circuit, located in Philadelphia, Pennsylvania, is a federal court that reviews actions of federal agencies like FERC that impact residents in the states of Delaware, New Jersey, Pennsylvania, and the U.S. Virgin Islands.
On November 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.
Prior to the current appeal, the coalition of organizations filed a petition for rehearing with FERC in December 2024, which was rejected by the commission in January of this year.
The preliminary permit granted by FERC for the pumped storage project at Cuffs Run gives York Energy Storage at least four years (and as many as eight years) to complete the required studies and decide whether to proceed with a full hydroelectric license application.
During this lengthy study period, the region will experience continued uncertainty – such as the inability of numerous landowners to plan for the future of their farms and wooded areas in and around the project and for the continued expansion of preservation, conservation, and recreation efforts in the region – given the possibility that this project will eventually be built.
“Cuffs Run is a wonder. It’s an extraordinary landscape that is home to naturally reproducing brook trout,” said Paul Smail, Vice President for Litigation and General Counsel for Chesapeake Bay Foundation. “The surrounding countryside is home to farmers and families who value the land and what it provides. What a shame it would be to flood this one-of-a-kind Pennsylvania treasure. I am proud that CBF and its partners have taken this step to continue fighting for the best stewardship of this place and its communities.”
The partners filing this appeal believe that, in granting a preliminary permit, FERC acted in an arbitrary and capricious manner, did not exercise reasoned decision making, and acted contrary to proper interpretations of FERC’s own regulations and applicable legal precedent, the Federal Power Act.
The partners are expanding their legal team and have hired specialized appellate lawyers Clement & Murphy, PLLC, to appeal FERC’s decision to the U.S. Circuit Court of Appeals.
The appeal process will take some time, and a decision is not expected until late 2026 or early 2027.
"Although our nation is experiencing an increase in energy demand, this project is still unsuitable for the Susquehanna River," said Ted Evgeniadis, Lower Susquehanna Riverkeeper. "This project will not only adversely impact the river's health and recreational use but will also result in the flooding of preserved farmlands, family homesteads, and one of the last untouched and remote sections of the Mason-Dixon Trail. We are fortunate to collaborate with our many partners to uphold our right to protect the Susquehanna and the surrounding Riverlands from such threats.”
Project Impacts
The $2.3 billion project proposed by York Energy Storage LLC 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 continues to stand with our partner organizations in opposition of this project, which unfairly has continually targeted this large area of already protected landscapes of both agricultural and environmental importance, as well as recreation,” said Sean P. Kenny, Executive Director of Farm & Natural Lands Trust of York County.
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.
“Development of this type and scale directly conflicts with the long-term and ongoing efforts and investments by local, state, and national partners to protect and enhance the Susquehanna River’s cultural and natural resources,” said Mark Platts, Susquehanna National Heritage Area’s President and CEO.
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 power generation facility be added on this stretch of the river.
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.
Visit the Lancaster Conservancy’s Protect Cuffs Run webpage to learn more.
NewsClip:
-- Lancaster Farming: Environmental Groups Appeal Cuffs Run Hydroelectric Project In Court
[Posted: March 14, 2025] PA Environment Digest
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