York Energy Storage Project
United States Court of Appeals For The Third Circuit
Lancaster County Conservancy, et al. v. Federal Energy Regulatory Commission
Case No.: 25-1164
Issue:
EnergyTopic:
Hydropower
Updated: 4/15/2026
York Energy Storage, LLC proposes to construct a 1.8-mile-long dam and pumped storage hydropower facility at Cuff’s Run, a tributary of the Lower Susquehanna River in York County, Pennsylvania. Pumped storage projects move water between two reservoirs located at different elevations to store energy and generate electricity. The area where the proposed facility would be located has been recognized for its uniqueness and splendor. Cuff’s Run is home to naturally reproducing brook trout and this section of the Lower Susquehanna remains without major railroads, industry, or housing. The proposed project would flood approximately 588 acres of this pristine land and destroy natural, cultural, and recreational resources in the area.
A pumped storage facility has been proposed for the Cuff’s Run location on three prior occasions beginning in 1990 and ultimately withdrawn due to public opposition. In February 2023 York Energy Storage, LLC filed an application for a preliminary permit with the Federal Energy Regulatory Commission (“FERC”) seeking approval for the pumped storage project. FERC regulates the interstate transmission of electricity and is the controlling agency responsible for the licensing of hydropower projects. On July 19, 2023, CBF joined a coalition of conservation partners including the Lancaster Conservancy and filed a comment letter with FERC asking them to deny the proposal.
CBF filed a Motion to Intervene in the FERC proceedings on March 25, 2024. Obtaining a preliminary permit is the first step in the licensing proceedings. The applicant now will begin the process of conducting studies on the site and potentially file a license application during the permit terms, which is three years. CBF will continue to monitor the FERC proceedings.
On November 21, 2024, FERC issued an Order granting the preliminary permit. CBF and our partners, Lancaster County Conservancy, Susquehanna National Heritage Area, Lower Susquehanna Riverkeeper Association, Farm, and Natural Lands Trust of York County filed a Joint Petion for Rehearing with FERC requesting the Commission grant a rehearing and vacate its Order granting a preliminary permit to York Energy Storage. The Petition was denied and on March 14, 2025, CBF and our partners filed a Petition for Review asking the 3rd Circuit Court of Appeals to review FERC’s Order granting the preliminary permit. Briefing is completed and oral arguments will be held in June.
CBF is represented in this matter by the Vice President of Litigation, Paul Smail and Litigation Staff Attorney, Kathleen Gagnon.