NORVELT, Pa. (AP) _ The Red Hot Chili Peppers may have to find higher ground for a rock festival set for Aug. 5.

The Rolling Rock Town Fair _ sponsored by the maker of Rolling Rock beer _ is scheduled at the Westmoreland County Fairgrounds near Norvelt, about 40 miles east of Pittsburgh.

The Red Hot Chili Peppers, whose songs include ``Higher Ground,'' will perform along with Moby, Fuel, Our Lady Peace, Filter and Marcy Playground at the festival, which will be broadcast nationally on pay-per-view.

But William Ober, a judge who owns 131 acres near the fairgrounds, said he fears that an expected crowd of up to 40,000 might be too big for the rural area to handle. He filed notice in court that he intends to sue.

The sponsors have already hired security and talked with the sheriff about crowd control, said Darin Wolf, Rolling Rock marketing director. He said guards will keep fans from trespassing on nearby property.