On November 21, the Chesapeake Bay Foundation announced it is considering its next move in the fight against plans to create a hydroelectric facility in York County and build a 1.8-mile-long dam and flood 580 acres of farms, fields, and forests at Cuffs Run.

The Federal Energy Regulatory Commission granted a preliminary permit to York Energy Storage LLC, for a 1,000-acre pumped-storage hydroelectric facility proposed for Cuffs Run, near the Susquehanna River.

“This is a phenomenal natural area, and this facility is the wrong project, in the wrong place, at the wrong time,” said Paul Smail, Vice President for Litigation and General Counsel at CBF. “We will review FERC’s order at length and determine how best to proceed. Make no mistake about it, we remain committed in the long term to opposing this project.”

Smail said CBF questions how FERC could grant the fourth consecutive preliminary permit application for the same project, when others were denied in the past, and again place substantial burdens on the region.

He also noted that FERC’s ruling could lead to severe threats to people and the landscape, a concern expressed by so many.

As a next step, CBF could petition FERC within 30 days for a rehearing. If FERC’s decision to grant the permit is left standing, CBF could then consider appealing to the U.S. Court of Appeals.

In March, CBF filed a motion to intervene in the administrative proceedings and also filed a protest and comments on the project. CBF previously joined other groups in signing a letter to FERC, urging it to deny the preliminary permit application.

Smail said CBF stands with the Lancaster Conservancy, Susquehanna River Heritage Area, Lower Susquehanna Riverkeeper and other partners in opposing the project, as well as local, state and federal officials, and residents and businesses who filed hundreds and hundreds of comments opposing the permit application.

Sen. Kristin Phillips-Hill (R-York) issued a statement on the FERC decision saying, “The unelected bureaucrats at FERC made it crystal clear that one of the Biden Administration’s last acts in office will be to green light a project that will destroy lives and livelihoods in southern York County.

“What message are we sending when we reward irresponsible policies and punish the very people who put food on our tables?

“When neighboring states continue to consume more energy than they generate, it puts an unnecessary and irresponsible burden on Pennsylvania to come up with the difference.

“I look forward to working with the Trump Administration to put an end to this project that has the potential to eliminate preserved and pristine farmland from the map for good, as well as detrimentally impact electric generation already occurring along the Susquehanna River.”  [Read more here]

[NOTE: FERC is the same federal agency that approves natural gas pipelines and other natural gas infrastructure that have similar and more widespread impacts on Pennsylvania’s landscape.

[Sen. Phillips-Hill recently co-sponsored Senate Bill 1346 that would deny Act 13 drilling impact fee payments to municipalities that adopt land use measures to better protect their residents for health and environmental impacts from shale gas well pads and infrastructure.  Read more here.

[In May she also voted for Senate Bill 832 giving a new state authority the power to the review of all necessary permits from any state agency for large-scale energy projects, eliminating any public comment, waiving any regulation needed for the project and providing immunity from prosecution for waived regulations.  Read more here.]

Background On Project

CBF collected signatures from 462 of its members in Pennsylvania on a petition urging FERC to deny the preliminary permit.

Opposing the Cuffs Run project is a unique opportunity to work in partnership with groups to defend water quality, wildlife habitat, natural resources and public access to those resources, and private property rights in a predominantly agricultural community in York County.

CBF said the $2.5 billion project at Cuffs Run would do irrevocable harm to Cuffs Run and the Susquehanna River and includes projected displacement of 40 families.

Water would be pumped from the Susquehanna to fill a reservoir and flood roughly 580 acres and homes.

Flooding and clear cutting of habitats will result in increased risk of erosion and destroy vital wildlife habitat along Cuffs Run and the river.

The proposal is in direct contradiction to Pennsylvania’s commitments under the 2014 Chesapeake Bay Agreement.

Lost would be carbon sequestering forests, prime farmland, and conservation lands. Naturally reproducing brook trout would be devastated. Vital habitats for plants and animals classified as of special concern would be obliterated.

Gone too would be part of the Mason Dixon Trail, recognized by the National Park Service as a heritage trail.

“I had the fortunate experience to hike part of the Mason Dixon trail to Cuffs Run,” said Trisha Salvia, CBF Staff Attorney in Pennsylvania. “The cascading waterfalls and unique rock formations takes you to another world. This beautiful part of York County needs to be protected to let others experience it, nature to thrive, and Cuffs Run to continue to flow into the Susquehanna River. CBF will continue working to ensure Cuffs Run is protected for future generations.”

For more on Chesapeake Bay-related issues in Pennsylvania, visit the Chesapeake Bay Foundation-PA webpage.  Click Here to sign up for Pennsylvania updates (bottom of left column).  Click Here to support their work.

Also visit the Keystone 10 Million Trees Partnership to learn how you can help clean water grow on trees.

CBF has over 275,000 members in Bay Watershed.

(Photo: CBF Photo by John Pavoncello.)

Related Articles This Week - Watersheds:

-- DEP Briefs Water Resources Committee On Proposed Changes To PAG-13 General Permit For Small Municipal Stormwater Dischargers; Latest Emerging Contaminants Sampling Results; Microplastics Study  [PaEN]

-- Penn State Center For Agricultural Conservation Assistance Training Seeks Input On Shaping Agenda For ACAP Ag Conservation Con 2025 In April  [PaEN]

-- Berks Nature: New Data On The Annual Economic Value Of Nature Documents $853 Million In Savings, $938 Million In Outdoor Recreation Benefits To Citizens of Berks County  [PaEN]

-- PA Emergency Management Agency, Delaware River Basin Commission: Nov. 26 Hazard Mitigation Grant Funding Webinar, 9:00 to 10:00 a.m.

NewsClips:

-- WTAJ: ClearWater Conservancy Receives $99,000 Grant To Install Forested Riparian Stream Buffers In Centre County

-- The Allegheny Front: New ClearWater Conservancy Conservation Education Center In Centre County Lands Federal, State Funding

-- Reading Eagle: Berks Nature Emphasizes Community Planning During State Of The Environment Breakfast

-- Chesapeake Bay Program: Chesapeake Bay Dead Zone ‘Near Average’ In 2024

-- National Review: Northeast Pennsylvania Needs Natural Gas - New Congress, New Federal Administration Should Overturn Delaware River Basin Commission Moratorium On Shale Gas Fracking - By Jason Adams  [PDF of Article]

-- MCall: Plans For Route 512 Warehouses, Landfill Expansion Raise Traffic, Environmental Concerns

-- WNEP: PA American Water Finishes Dredging Silt Released From Dam Rehab Project Into Roaring Brook

-- Scranton Times: PA American Water Dredges Silt Released From Dam Rehab Project Into Roaring Brook

-- WHYY - Sophia Schmidt: Delaware River Basin Managers Could Take Conservation Efforts If Drought Worsens

-- Inquirer - Frank Kummer: Delaware River Water Levels At 60% As Salt Front Increases Amid Drought

-- KYW: Officials Eyeing Delaware River Salt Levels As Philly-Area Drought Worsens

[Posted: November 21, 2024]

11/25/2024