Bowing to public pressure, WV appeals court judge seeks recusal from data center case

Intermediate Court of Appeals of West Virginia Chief Judge Daniel Greear has sought voluntary recusal from a high-profile data center case, bowing to public pressure over perceived conflicts of interest. The case, an appeal filed by community and environmental advocacy groups, challenges the West Virginia Department of Environmental Protection's (DEP) approval of an air quality permit for a large data center project planned in Tucker County by Fundamental Data LLC. Concerns arose due to Greear's extensive ties to Roger Hanshaw, Speaker of the West Virginia House of Delegates and an attorney representing Fundamental Data. Hanshaw, who also represents MGS CNP 1 LLC (an affiliate of Fidelis New Energy LLC), previously served as Greear's chief counsel in the House. Hanshaw has also sponsored and spoken at fundraising events for Greear's re-election campaign, netting significant contributions. Additionally, one of Greear's law clerks is married to another Bowles Rice attorney representing Fundamental Data in the case. While Greear initially resisted calls for recusal, stating his impartiality, he ultimately requested a ruling from Supreme Court of Appeals Chief Justice C. Haley Bunn for his voluntary withdrawal. Greear cited