Judges’ orders could lift data center appeal to WV Supreme Court
West Virginia's Intermediate Court of Appeals has ruled it lacks jurisdiction in a legal dispute over an air quality permit for a data center in Tucker County. This decision, which dismissed appeals filed by opposition groups, could lead the case to be heard by the state's Supreme Court. The appeals challenged the classification of Fundamental Data's Ridgeline Project as a "minor" source of pollution and cited redacted emissions information.
West Virginia's Intermediate Court of Appeals recently issued two orders stating it lacks jurisdiction over a legal dispute concerning a state air quality permit issued to a data center in Tucker County. This decision by the appeals court has the potential to elevate the case to the West Virginia Supreme Court.
The appeals were initially filed by several environmental and community groups, including Tucker United, the Friends of Blackwater, and the West Virginia Highlands Conservancy. These groups argued that the Ridgeline Project, developed by Fundamental Data, should not have been categorized as a "minor" source of pollution. They also raised concerns about redacted information regarding emissions and equipment in the project's application.
While the judges of the Intermediate Court dismissed the appeals, they acknowledged a significant delay in the process. Consequently, they found "good cause" to grant a motion that would allow the case to be appealed to the state's highest court.