Data Center Legal Fight Continues as Opposition Group Files Appeal
News ClipCountry Roads News·Thomas, Tucker County, WV·3/12/2026
Three groups, including the West Virginia Highlands Conservancy, Tucker United, and the Sierra Club, have filed an appeal seeking to overturn recent decisions by state regulators to approve a proposed natural gas-fired power plant near Davis, West Virginia. The power plant is intended to supply electricity to a large complex of data centers that would be built nearby. The groups opposing the power plant argue that state officials allowed the backers of the power plant to improperly classify the facility as a minor source of air pollution, limiting public oversight. Fundamental Data, the company seeking to build the power plant, remains confident in the regulatory process and is moving forward with development.
oppositionlegalelectricity
Gov: West Virginia Department of Environmental Protection, West Virginia Air Quality Board, West Virginia Intermediate Court of Appeals, West Virginia Supreme Court
The West Virginia Highlands Conservancy, Tucker United, and the Sierra Club have filed an appeal to overturn recent state approvals for a proposed natural gas-fired power plant near Davis and Thomas. The power plant is intended to supply electricity to a nearby data center complex. The groups oppose the power plant, arguing that state officials improperly classified it as a minor source of air pollution. Fundamental Data, the company seeking to build the power plant, remains confident in the regulatory process. Meanwhile, Fundamental Data is looking to hire a land surveyor for the project, which will include "complex solar arrays and infrastructure." Despite a pledge from state Senate President Randy Smith to restore local control over data centers, no such legislation has been enacted, and the state legislature is set to adjourn soon.