Environmental protection organizations seek recusal of judge in Ridgeline Air Permit appeal

Environmental protection organizations, including the West Virginia Highlands Conservancy, Tucker United, and Sierra Club, have filed a motion requesting Chief Judge Dan Greear to recuse himself from the Ridgeline Air Permit appeal. The appeal challenges the West Virginia Department of Environmental Protection's approval of an air-quality permit for a proposed gas and diesel power plant in Tucker County, which is associated with Fundamental Data LLC. The petitioners argue that Judge Greear's impartiality is in question due to his close professional and personal relationship with Fundamental Data's attorney, Roger Hanshaw, who is also the Speaker of the West Virginia House of Delegates. The groups point to Hanshaw's role in co-hosting campaign fundraising events for Judge Greear and his involvement in legislation favorable to data centers, raising concerns about potential biases and conflicts of interest in a case of "enormous importance to the people of Tucker County." Amy Margolies, executive director of Tucker United, emphasized that West Virginians have serious concerns about their involvement in legislative and regulatory processes concerning large-scale data center developments. Olivia Miller, interim executive director of the West Virginia Highlands Conservancy, stated that recusal is the appropriate step when impartiality is questioned to protect public confidence in the judicial process. The groups cite Rule 2.11 of the West Virginia Code of Judicial Conduct, which mandates a judge's disqualification in any proceeding where their impartiality might reasonably be questioned.