Attorney General Intervenes in Suit Against Warwood Data Center Project -
West Virginia Attorney General J.B. McCuskey has intervened in a civil lawsuit filed by Warwood residents against Silicon Foundation, seeking to halt a proposed data center project in Wheeling. The lawsuit challenges the constitutionality of House Bill 2014, a state law that regulates high-impact data centers and limits local government intervention. Residents are actively opposing the project due to concerns about its impact on their community, despite city leaders noting the property is properly zoned.
West Virginia Attorney General J.B. McCuskey has formally intervened in a civil lawsuit initiated by Warwood residents against Silicon Foundation. The lawsuit, filed in Ohio County Circuit Court by attorney J. Anthony Edmond Jr. on behalf of residents, aims to prevent the construction and operation of a data center on the former Centre Foundry & Machine Company property in Warwood, a neighborhood of Wheeling.
The core of the residents' complaint includes allegations that House Bill 2014, a state law passed last year to regulate high-impact data centers and centralize regulatory powers with the state, is unconstitutional. Attorney General McCuskey filed a motion to intervene to defend the constitutionality of HB 2014, also known as the Power Generation and Consumption Act. The court granted the state's motion to intervene, with McCuskey clarifying that the state's participation would be limited to defending the statute's validity, not to take a stance on factual allegations concerning the Warwood Data Center project or compliance with HB 2014.
HB 2014 applies to data centers with an information technology load of 90 megawatts or more. Silicon Foundation officials state their Warwood project is planned to start at 10 megawatts, with a potential expansion to no more than 50 megawatts, thus falling below the state's regulatory threshold for "high-impact" data centers. However, the facility would still need to adhere to local city codes, including noise ordinances.
Local opposition to the data center is strong and ongoing, with residents like Natalie Miniard appearing before the Wheeling City Council to voice concerns. Opponents have organized through websites, yard signs, and events, citing potential negative impacts such as decreased property values and health issues. They also expressed distrust in Silicon Foundation, noting that the company's website initially indicated an eventual expansion to 100 megawatts, a figure later changed. City leaders have acknowledged residents' frustrations but indicated their legal limitations in obstructing a business from operating on a legally purchased and properly zoned property, despite the community's desire for a moratorium.