BALTIMORE — A David vs Goliath case took center stage in a downtown Baltimore federal courtroom as more than 100 landowners took on the Public Service Enterprise group or PSEG.
The multi-billion dollar New Jersey argues it has eminent domain to access their land after failing to secure their permission to access thee properties for "non-invasive" environmental studies.
They're needed, according to PSEG, as part of preparations for their proposed 67 mile long overhead transmission line.
Is eminent domain on table? Hear how a judge heard from both sides of the argument
A judge heard both sides in a hearing that lasted for hours on Monday.
PSEG has been at odds with landowners in Baltimore, Carroll and Frederick counties since last summer over the project.
The company turned to the courts last month for a temporary injunction to gain access, claiming they have the right to under Maryland statute 12-111.
The petitioner's lawyers told the judge it would only be for limited use, arguing they're at an impasse and could experience significant financial losses if they're unable to begin the studies.
The project's deadline is June 2027.
Landowners and advocates worry if the courts grant an inch here, PSEG will take a mile, or 67 miles, without even a hearing which PSEG's lawyers claim isn't required by law.
"I don't know why any of us would think we can trust PSEG from this point on," Joanne Frederick, president of "Stop MPRP", said.
Frederick feels the voices of the 117 landowners immediately affected, and the hundreds others who could be down the line, were heard in court.
Their attorneys have asked for the request to be dismissed outright.
"I think the judge was very thoughtful, and that's all we need here, that the facts will stand on the side of the landowners," she said.
The respondent's lawyers also argued that the original purpose of the project, to replace the Brandon Shores and H.A. Wagner power plants being decommissioned in Maryland, was moot because they're actually staying online.
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"This project isn't needed and we shouldn't be required to give up our private property for the benefit of a for-profit utility and for-profit data centers in Virginia," Frederick said. "It's a giant extension cord."
Meanwhile, PSEG's lawyers suggested if the judge were to grant their injunction there could be a conference among the attorneys to figure out the next steps forward.
"PSEG says continually that they've done their best to communicate and they're trying to be open and honest. That's not right. So, if it requires the lawyers to sit down and make them actually be honest and truthful, I'm ok with that," she said.
Both PSEG's attorneys and a spokesperson for the company declined to comment following Monday's hearing.
Looking ahead, the Maryland Public Service Commission has scheduled a virtual pre-hearing conference on June 10th at 10 a.m. about PSEG's application Certificate of Public Convenience and Necessity (CPCN).
If the MPSC grants PSEG's request, it would grant them the authority to construct the project.
