Statehouse beat: Data centers getting more pushback in WV
West Virginia's Republican supermajority has enacted legislation to attract data centers by limiting local control and keeping facility information secret. This pro-data center stance, despite public opposition, is becoming a key political issue and is believed to have contributed to an upset judicial election victory. Critics argue the state is prioritizing profit over environmental and societal concerns.
The Charleston Gazette-Mail reports on the growing political backlash against data centers in West Virginia, despite the state's Republican supermajority, led by Gov. Patrick Morrisey, actively promoting them. Legislation passed in 2025 aims to attract data centers by stripping localities of their ability to restrict locations, diverting property tax revenue to the state, and keeping vital information about the facilities secret. Critics argue this approach, which includes rejecting amendments for water impact assessments, prioritizes profit over public and environmental concerns, such as noise, pollution, and water depletion.
This strong public opposition appears to be influencing state politics. The article highlights the recent unexpected victory of Jim Douglas in the state Intermediate Appeals Court election. Douglas, a Democrat, significantly outraised by incumbent Judge Dan Greear and pro-Greear PACs, successfully tied Greear to data center developers through his association with House Speaker Roger Hanshaw, who championed the data center legislation and represents data center operators. Greear's initial refusal to recuse himself from data center cases further fueled the controversy, which continued even after he volunteered to recuse himself from a specific case days before the election. Douglas's win, carrying 52 of 55 counties, is seen by some as a direct consequence of voters' strong dislike for data centers, sending a clear message to legislators.
While some legislators, like Sen. Joey Garcia, are beginning to renounce their votes for the data center bill, the Republican supermajority largely remains committed. The author draws a parallel to past legislative decisions favoring mountaintop removal mining, suggesting a similar pattern of prioritizing profit over people and the environment. The article suggests that if Republicans continue their unwavering support for data centers, Douglas's victory could be the first of many political upsets in upcoming legislative races.