Landowner Defense Fund

The landowners defending their property rights against PSEG’s lawsuits have filed their reply brief with the U.S. Court of Appeals for the Fourth Circuit. This filing marks the next major step in the appeal of the District Court’s June 20, 2025, order that granted PSEG access to private properties for surveys — before the Maryland Public Service Commission (PSC) has even ruled on whether the project should be approved.

The appeal argues that the lower court’s decision was premature, overreaching, and threatens the rights of every Maryland landowner. Specifically, the brief states that:

• PSEG has no eminent domain authority. Maryland law allows condemnation rights only after a Certificate of Public Convenience and Necessity (CPCN) is issued. PSEG’s CPCN application remains incomplete and under review.
   
• The injunction altered the status quo. The ruling gave a private, out-of-state company access to private land without consent, due process, or compensation — something Maryland courts have never authorized before a project is approved.
   
• There is no irreparable harm to PSEG. The company’s own project deadlines cannot be met, and its costs are recoverable through federal incentives if the project is abandoned.
   
• Landowners face immediate and lasting harm. The order effectively acts as a temporary taking, diminishing property values, interfering with farm operations, and restricting use of private land for months or even years.
   
• The public interest lies with property owners, not corporate developers. PJM’s 2025 long-term forecast shows 32,000 megawatts of demand growth by 2030, largely from data centers, but that does not justify bypassing Maryland’s established approval process.
   

PJM’s transmission planning often routes new lines through Maryland to move excess generation from Pennsylvania and West Virginia toward Northern Virginia. The Maryland Piedmont Reliability Project (MPRP) is one of several proposed projects that follow this model.

If the lower court’s ruling stands, it could be used as a precedent in future cases — allowing any developer to enter Maryland farmland, homes, and conserved land before the Maryland PSC has completed its review. This would strip away one of the state’s most fundamental protections for private property owners.

The Fourth Circuit will review the case in the coming months. Until then, the injunction remains in effect, and the fight continues both in court and across our communities.

Stop MPRP, Inc. remains fully committed to supporting affected landowners and protecting the rights of all Maryland property owners.

The Maryland Piedmont Reliability Project (MPRP) threatens more than just farmland. It threatens the very principle that private property cannot be taken—by force, pressure, or lawsuit—for private gain.

Hundreds of Maryland families have been targeted. They’ve been sued in federal court by a billion-dollar utility company simply because they said no to allowing strangers on their land for surveys tied to an unapproved transmission project.

• These lawsuits are not about public safety
• They’re not about energy emergencies.
• They are about protecting corporate revenue and fast-tracking a project that serves powerful interests—not the people of Maryland.

We are appealing to the Fourth Circuit Court of Appeals to overturn a dangerous precedent made in the first lawsuit filed against landowners: one that allows a private developer, with no approved project and no eminent domain authority, to use the federal courts to intimidate landowners.

This case is bigger than just one project.

If we lose, utility companies across the country could use this tactic to bypass public review and silence opposition before a single permit is issued.

We’re also defending landowners in a second round of lawsuits filed by PSEG—targeting even more families who had the courage to stand their ground.

• Defending Property Rights
  This ruling forces landowners to allow private developers onto their property before the Maryland Public Service Commission has determined whether the project is needed. That undermines due process and sets a dangerous precedent for land access nationwide.
• Outdated and Flawed Data
  The justification for the Maryland Piedmont Reliability Project relies on stale assumptions about electricity demand and reliability. Updated PJM and NERC reports show conditions have shifted, proving Maryland should not face massive disruption based on outdated forecasts.
• Preventing Repeated Intrusions
  If upheld, this decision opens the door to ongoing, invasive surveys that damage crops, compact soil, and disrupt conservation lands—with no requirement to compensate landowners if the project is never built.
• Stopping a Flood of New Projects
  Current forecasts suggest PJM could call for several more high-voltage transmission lines across the region. Without this appeal, Maryland families could be forced to give up land again and again for projects not yet proven necessary.
• Protecting Landowners Nationwide
  This case has national implications. If allowed to stand, it would weaken state-level authority and give private corporations a federal shortcut to land access—spreading unchecked corporate power into communities everywhere.

Your donation directly supports:

• Our legal appeal at the U.S. Fourth Circuit Court of Appeals
• Defense counsel for landowners named in federal lawsuits
• Expert consultation and filings to support our constitutional arguments
   

We are working with experienced legal teams who are committed to defending the rights of landowners—but we cannot do this without the resources to keep fighting.

This case will shape what’s possible—for our communities, our land, and our rights—for decades to come.

If a private company can sue you for refusing survey access before a project is even approved, what’s next?

Your donation is not just a contribution.
It’s a stand.
It’s a message that property rights still matter in America.