Hydroelectric project in Pennsylvania faces court challenge

Paul Smail, vice president of litigation and general counsel for the Chesapeake Bay Foundation, said regulators failed to fully consider effects on landowners and the uncertainty inherent in granting such permits.

"It impacts our work helping farmers restore property," Small explained. "Our concerns about just the habitat along Cuffs Run and as a tributary to the Susquehanna River and Chesapeake Bay. That's our focus is clean waters, healthy communities."

According to Lancaster Conservancy, the proposed project would involve building a 1.8-mile dam and reservoir along Cuffs Run to store energy. It would pump water uphill during low demand and later release it to generate electricity during peak times. Supporters said it helps with grid stabilization.

Smail warned water pumped from the Susquehanna would flood roughly 580 acres, destroying homes, farms and forests.

Smail added if the project moves forward, it would likely mirror the Muddy Run pumped storage facility across the Susquehanna. Smail pointed out the area’s natural, bowl-shaped landscape would be converted into a reservoir along Cuffs Run and the project would destroy creatures living in the water, forested streams, birds and mammals.

"In a pump storage project, they're pushing water up when electricity is cheap in order to let that water uphill run down through turbines when it's expensive, and they can generate power and sell it when it's expensive," Smail outlined.

Smail argued the proposed facility would use outdated technology and consume about 30% more electricity to pump water than it would actually generate. Smail noted the proposal is in direct contradiction to Pennsylvania’s commitments under the 2025 Chesapeake Bay Watershed Agreement.

It is anticipated the court will issue a written opinion within the next six months.