Opponents seek Chief Judge’s recusal from appeal over Tucker County data center

Opponents of a proposed data center and associated power plant in Tucker County, West Virginia, have formally requested that Intermediate Court of Appeals Chief Judge Dan Greear recuse himself from an appeal concerning the project. The petitioners, including the West Virginia Highlands Conservancy, Tucker United, and the Sierra Club, filed the motion on April 21st, challenging the West Virginia Department of Environmental Protection's approval of an air-quality permit for Fundamental Data, LLC's Ridgeline Facility. The groups assert that Judge Greear's impartiality may be compromised due to his connections with Roger Hanshaw, who serves as both an attorney for Fundamental Data and the Speaker of the West Virginia House of Delegates. The motion highlights Greear's disclosure of his son's internship and subsequent employment at Hanshaw's law firm, Bowles Rice. Furthermore, it cites Greear's close professional relationship with Hanshaw during Greear's tenure as chief counsel for the West Virginia Legislatures. Amy Margolies, executive director of Tucker United, voiced public concerns about transparency in large-scale data center developments, stating that the judge's ties to the Speaker of the House, who recently supported pro-data center legislation, raise questions of bias. Olivia Miller, interim executive director of the West Virginia Highlands Conservancy, emphasized the profound impact of the case on Tucker County and public trust in the state's judicial system, advocating for recusal to safeguard a fair process.