State appeals court dismisses environmental groups’ lawsuits over Tucker County data center plant

The Intermediate Court of Appeals of West Virginia (ICA) has dismissed two appeals filed by environmental groups against the air quality permits for Fundamental Data, LLC's proposed 1,600-megawatt, off-grid gas-and-diesel power plant and data center in Tucker County. The court, citing conflicting state statutes, ruled on August 26 that it lacked the legal jurisdiction to decide the cases, determining that such appeals belong in local circuit courts or directly with the West Virginia Supreme Court of Appeals.

The project, known as Ridgeline, is planned for 500 acres near Davis and Thomas. Environmental groups, including Tucker United, the Sierra Club, and the West Virginia Highlands Conservancy, originally appealed the state Air Quality Board’s approval of the plant’s air permit. They argued that the West Virginia Department of Environmental Protection wrongly classified the facility as a minor pollution source and withheld crucial emissions data from the public.

The appeals faced months of delays due to a recusal controversy involving Chief Judge Dan Greear, who was accused of ties to Fundamental Data's attorney, House Speaker Roger Hanshaw. Chief Judge Greear and Judge Charles Lorensen voluntarily recused themselves, and temporary judges were appointed to resolve the gridlock.

Despite the dismissal, the ICA noted that the environmental groups have "good cause" to file their appeals late with the West Virginia Supreme Court of Appeals, indicating that the legal challenge against the data center and its power plant is set to continue at the state's highest judicial level.