Data center opponents seek clarity on which court should hear appeals
Citizen and conservation groups are appealing an air quality permit for a proposed data center and power plant in Tucker County, West Virginia. Their cases were dismissed on procedural grounds, and they are now seeking a state Supreme Court hearing to clarify which court should hear their appeals, due to conflicting state laws.
Citizen and conservation groups are actively challenging an air quality permit issued for a proposed data center and power plant, known as the Ridgeline Project, in Tucker County, West Virginia. This week, judges dismissed their cases on procedural grounds, stating they were improperly docketed to the Intermediate Court of Appeals.
The core of the issue stems from conflicting state laws that create confusion over which court should review decisions made by the State's Air Quality Board. In response, the West Virginia Highlands Conservancy, the Sierra Club, and Tucker United have announced they will seek a hearing with the State Supreme Court. Their aim is to obtain clarity on the appropriate judicial division to hear the merits of their appeal.
The groups' primary arguments against the permit include claims that the Ridgeline Project was incorrectly classified as a minor source of pollution and that the initial permit application contained redacted information regarding emissions and equipment details.