BALTIMORE (WBFF) — Maryland landowners fighting a controversial 67-mile power transmission project are taking their battle to the U.S. Supreme Court, arguing that a private energy company has been allowed to exercise government-like powers over their property before receiving final approval from state regulators.
The petition, filed by attorneys with Pacific Legal Foundation, challenges a federal appeals court ruling allowing PSEG Renewable Transmission to enter private properties for surveys related to the proposed Maryland Piedmont Reliability Project, MPRP.
The project would run through Baltimore, Carroll and Frederick counties and has faced opposition from property owners along the proposed route.
At the center of the legal dispute is whether PSEG can force access to private land before receiving a Certificate of Public Convenience and Necessity from Maryland’s Public Service Commission, which is required before the company can construct the transmission line.
The landowners argue that PSEG has been allowed to exercise powers associated with eminent domain without first conclusively establishing that it possesses those powers.
In a statement to FOX45 News, PSEG declined to address the Supreme Court challenge.
“Due to the potential litigation, we do not have any comment on the petition filed before the Supreme Court,” a PSEG spokesperson said. “Field surveys have been largely completed, although a small number remain outstanding.”
The fight against MPRP has been unfolding for years, but in April 2025, PSEG sued more than 100 landowners who refused to allow survey crews onto their properties.
Under Maryland law, certain entities with eminent domain authority can enter private property to conduct surveys and gather information needed for potential public projects. PSEG argued that it qualified under that law, even though the company had not yet received its certificate from state regulators.
In June 2025, a federal district judge granted PSEG a preliminary injunction allowing survey crews to enter the properties. The landowners appealed, but the U.S. Court of Appeals for the Fourth Circuit upheld the injunction in August 2026.
The appeals court concluded that PSEG likely possessed the necessary eminent domain authority for survey access before receiving its certificate, reasoning that Maryland’s regulatory process requires field studies before a project can be approved.
Now, the landowners are asking the Supreme Court to decide whether a preliminary injunction can be used to allow a private company to exercise disputed eminent domain powers before those powers have been conclusively established.
Their petition argues that the Fourth Circuit created a conflict among federal appeals courts over when private companies can obtain court-ordered access to property.
“The injunction gave PSEG the entry it sued for on a prediction, and the entry cannot be undone,” the petition states.
The landowners contend that the decision could establish a precedent extending beyond Maryland, potentially affecting other transmission and infrastructure projects across the country.
The petition also details restrictions placed on some landowners after PSEG obtained court-ordered access.
According to the filing, PSEG sought additional restrictions preventing property owners from hunting during notified surveying periods.
A federal judge granted restrictions requiring landowners to obtain PSEG’s written agreement before hunting on their own properties during those periods.
In one instance described in the petition, PSEG issued survey notices covering more than a month, from Sept. 29 through Oct. 31, 2025, even though a land agent indicated the actual surveying would require only one day.
The landowners argue those restrictions demonstrate the consequences of allowing a private company to exercise authority over property before its legal rights have been conclusively determined.
The filing also states that, as of September 2026, nine archaeological surveys remained on properties involved in this particular lawsuit, while other types of surveying had been completed.
PSEG’s latest statement to FOX45 indicates that only a small number of field surveys remain outstanding, although the company did not provide a specific number.
Meanwhile, the project continues through Maryland’s regulatory review process.
Follow Political Reporter Mikenzie Frost on X and Facebook. Send tips to mbfrost@sbgtv.com.
This post was originally published on Fox 45 by Sinclair Media Group.
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