Community, Conservation Groups Ask Courts To Properly Review Challenges To Data Center Permitting
Community and conservation groups, including Tucker United and the West Virginia Highlands Conservancy, challenged an air quality permit approved by the WVDEP for Fundamental Data's Ridgeline data center in Tucker County. These court challenges were recently dismissed on procedural grounds, prompting the groups to announce their intention to refile with the Supreme Court of Appeals of West Virginia.
Last fall, citizen groups, notably Tucker United and the West Virginia Highlands Conservancy, initiated legal challenges against the West Virginia Department of Environmental Protection's (WVDEP) decision to approve an air quality permit for Fundamental Data's Ridgeline data center project in Tucker County. The proposed facility is designed to utilize natural gas-fired turbines to generate at least 750MW of power for its operations.
The groups also contested the redaction of information in the permit application, which Fundamental Data defended as "trade secrets." However, the Intermediate Court of Appeals of West Virginia dismissed both cases last Wednesday, citing procedural issues and the mootness of one challenge after the permit's issuance.
Despite the dismissals, Olivia Miller of the West Virginia Highlands Conservancy stated the groups plan to refile with the higher Supreme Court of Appeals of West Virginia. She emphasized that the court's decisions focused on jurisdiction rather than the validity of the air permit or the justification for redactions, maintaining that the project's significant power generation should not be classified as a minor source of air pollution. Miller expressed ongoing concerns about public health, environmental impact, and the community's right to review and critique the permit.
In response, Casey Chapman, a responsible official for Fundamental Data, affirmed the company's respect for the court's rulings and stated their commitment to addressing issues in the proper forum, complying with requirements, and working with the state as the Ridgeline project progresses.