West Virginia Intermediate Court dismisses two appeals tied to Tucker County data center permits
The West Virginia Intermediate Court of Appeals dismissed two appeals filed by environmental organizations challenging air permits for Fundamental Data LLC's proposed data center in Tucker County. The court determined it lacked jurisdiction for both cases, citing state law that directs such appeals to different courts. This decision allows the environmental groups to potentially refile their appeals in the correct courts.
The West Virginia Intermediate Court of Appeals dismissed two separate appeals brought by environmental organizations challenging air permits for a proposed Fundamental Data LLC data center project in Tucker County, West Virginia.
In the first case, No. 25-ICA-391, Tucker United, Friends of Blackwater, and the West Virginia Highlands Conservancy appealed an Air Quality Board order concerning a draft permit. The Intermediate Court ruled it lacked jurisdiction, stating such appeals should be filed in the circuit court of the county where the pollution originated or, by agreement, in Kanawha County Circuit Court. The court also noted that the issues regarding the draft permit were largely moot as a final permit had since been issued.
The second case, No. 26-ICA-92, was filed by Tucker United, the West Virginia Highlands Conservancy, and the Sierra Club against Laura Crowder, director of the DEP Division of Air Quality, challenging an Air Quality Board order for the final permit. Fundamental Data LLC participated as an intervening respondent. The Intermediate Court determined that state law directs appeals involving final permit decisions to the Supreme Court of Appeals of West Virginia, not the Intermediate Court, and consequently dismissed the case as improperly docketed. The judges acknowledged that delays were not the fault of the parties and suggested there would be good cause for allowing late notices of appeal in the correct courts.