Press Release
December 23, 2025
Annapolis, MD—Chesapeake Legal Alliance (CLA) has filed an amicus curiae brief in the U.S. Court of Appeals for the Third Circuit on behalf of a bipartisan group of 23 elected officials, urging the Court to overturn a Federal Energy Regulatory Commission (FERC) permit for a massive pumped storage hydropower project proposed for the Susquehanna River.
The proposed project would involve construction of a 225-foot-high dam and a 1.8-mile-long facility, flooding approximately 580 acres of forested land and permanently altering a scenic and culturally significant stretch of the Lower Susquehanna River. The affected area has been prioritized for protection by the Commonwealth of Pennsylvania as part of the Susquehanna Riverlands Conservation Landscape and is designated by the federal government as the Susquehanna National Heritage Area.
The amicus brief was filed in support of a legal challenge brought by conservation organizations, including the Lancaster County Conservancy, Susquehanna National Heritage Area, Lower Susquehanna Riverkeeper Association, Farm & Natural Lands Trust of York County, and the Chesapeake Bay Foundation. The elected officials represented in the brief include members of Congress, Pennsylvania state legislators, and county commissioners from York and Lancaster Counties—public servants directly accountable to the communities that would bear the project’s impacts.
Read the amicus brief filed with the U.S. Court of Appeals for the Third Circuit.
In their brief, the amici emphasize that the project threatens more than a decade of collaborative investment in conservation, recreation, and heritage tourism along the Lower Susquehanna River. These efforts have helped build a thriving recreation-based local economy while protecting irreplaceable scenic, environmental, and cultural resources. The officials argue that FERC failed to adequately consider these impacts and ignored extensive public and governmental opposition when issuing the permit.
“This case is about whether federal agencies must meaningfully consider the voices of the communities and elected leaders who have worked for years to protect a nationally significant landscape,” said Brett Grosko, a CLA Senior Attorney and author of the brief. “By bringing these perspectives before the Court, we are ensuring that decision-makers understand what is truly at stake for the Susquehanna River and the people who depend on it.”
The Susquehanna River Gorge, including the Cuffs Run area, is widely recognized for its exceptional natural beauty, ecological value, and recreational opportunities. The proposed project would flood forests, eliminate trails and viewsheds, and undermine long-standing efforts to preserve the character of one of Pennsylvania’s most treasured river corridors.
The case is currently pending before the U.S. Court of Appeals for the Third Circuit.
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Chesapeake Legal Alliance is a 501(c)(3) nonprofit organization dedicated to providing free legal services, with a mission to apply the power of the law to protect and restore clean water and promote healthy, resilient ecosystems for communities across the Chesapeake Bay watershed.
Brett Grosko, Senior Attorney and Director of Litigation, Chesapeake Legal Alliance, brett@chesapeakelegal.org, (410) 216-9441, ext. 205
