BALTIMORE — It’s another hitch for landowners in the pathway of a proposed power line and this time it’s a direct affront to their very livelihoods.
The company behind a controversial 67-mile long power line project that cuts through three different counties, the Public Service Enterprise Group, has petitioned a federal judge to issue a blanket ban on hunting with the season just days away.
It’s a short but crucial time of year for property owners like Matt Moran, who live off the land his family has occupied for half a century.
Power company seeks hunting ban on private land for survey work
“If you look in the freezer at my home, you'll see that there's more venison than there is beef, pork, chicken, and fish combined,” he said.
The rifle hunting season for white tailed deer in the affected areas begins Saturday, November 29 and ends on December 13. Attorney Harris Eisenstein who represents 208 landowners said it was “objectively offensive” and “out of touch” for PSEG to not realize how vital this time of year is.
A few days ago, Moran found a notice telling him surveyors would be coming on his property within the next three weeks, but nothing more specific.
“So if it’s no hunting at all, if that's what the ruling ends up being, that leaves me with one day to go out and get the venison that I need to feed my family,” Moran said. "We really do rely on that venison to get us through the year."
An In Focus look at the hunting season calendar in Maryland
Other landowners, like Nancy Gardetto of Copper Penny Farm, echoed similar and additional frustrations about the imposition the surveys can cause.
“The problem with them being there when we're hunting is they're going to mess up the deer. We need the deer to be in the woods and to be hunted. We don't want people walking through the woods and scaring the deer,” Gardetto said.
Safety vs Livelihoods: Tuesday’s arguments
Lawyers for PSEG argued against landowners hunting as normal citing the safety of their surveyors.
The large window they've provided is due to flexibility being “paramount" such as when experts are available. Attorneys cited that some landowners have been proactive about reaching out after receiving notice and the process has been working well.
A statement that was followed with many heads shaking "no" in court on Tuesday.
“I also don't think we should have to ask them for permission to hunt our property,“ Gardetto said. “I don't understand why they can't contact us and say, ’Hey, we've got guys coming out tomorrow. Is anybody going to be there hunting?’ It seems like a simple solution. I don't know why we had to be dragged into court to be forced into this."
In June, a judge cleared the way for surveyors to access the land in a 52-page decision so PSEG could meet its deadline of June 2027.
As of November 18, the company reports it has conducted 701 surveys, with 721 and counting to go.
The environmental surveys are required data that’s needed for state approval of the project, which affected property owners in Baltimore, Carroll and Frederick counties have fought at every turn.
Their attorneys argue hunting and the surveys could happen simultaneously, surveyors need only to wear proper attire, typically neon orange or pink gear.
But PSEG’s lawyers stated that it would be “a recipe for tragedy.”
Tuesday’s hearing was called in part after a landowner, Michael Davis, made a social media post warning surveyors to survey at their own risk, the judge noting it could only reasonably be described as a threat.
Davis’ lawyer told the court, he’s since walked back his statements.
“We also knew that it wasn't meant to be a threat. We knew it was kind of meant to be a joke. It's not funny," Shawn Mcintosh with the Tri-County Coalition said.
Judge Adam Abelson sought to find compromise among the parties noting the competing rights. Landowner attorneys suggested a 72 hour heads up. PSEG attorneys indicated they’d be willing to work with landowners but in some cases still do not have direct communication or a lawyer to contact as an intermediary.
Though no ruling was made on the bench, some left federal court with optimism.
"I expect that the judge is going to rule in the favor of the hunters because that's what's right," Moran said.
“That is my hope," McIntosh said.
Eminent domain fight stretches on
The back-and-forth between landowners and PSEG has spanned months, but rumors began to swirl about the project more than a year ago.
Unable to get voluntary permission from property owners to enter their land for surveys earlier this year, PSEG asked for it from the courts. There are now three separate cases, in which the New Jersey-based company has sought permission citing a tight timeline and irreparable harm for incurred costs.
On Tuesday, Judge Adam Abelson did not formally rule in the third but said that he would, as he has done in the two other cases, grant the injunction on behalf of PSEG.
Attorneys continued to argue against it, once again stating in court that PSEG does not have eminent domain as a private company.
PSEG has promised additional litigation. Attorneys also advocated against the court removing their approval to enter the properties once completed with the surveys, stating it would be premature before the March 2, 2026 deadline to provide the information to the Maryland Public Service Commission, in case they may need to gather more information.
Joanne Frederick with STOP MPRP, a grassroots group that has advocated against the power line project, says the June 2027 deadline would be impossible to meet and is reckless for the company to continue down its current path.
“The state needs to cancel it. The PSC needs to deny the application, and we need to start working on the things that can actually solve the problem. That is what we should be doing today,” Frederick said.
Following the hearing PSEG issued the following statement:
“We appreciate the Judge’s decision and thorough review of the facts and applicable laws.”