
Date Mix-up Prevents Residents From Commenting On Data Center Permit
News ClipWest Virginia Public Broadcasting·Mason County, WV·3/20/2026
Residents in Mason County, WV, were unable to comment on a proposed data center's environmental permit due to an incorrect deadline published by the West Virginia Department of Environmental Protection. The community has formed a Facebook group to organize opposition and is demanding the DEP honor the later, erroneous deadline. Developer Nscale has partnered with Microsoft on the project.
oppositionenvironmentalgovernment
Microsoft
Gov: West Virginia Department of Environmental Protection, Berkeley County Commissioners
The West Virginia Department of Environmental Protection (DEP) is facing scrutiny for a public comment deadline mix-up regarding an NPDES/State Storm Water Construction permit for a proposed data center in Mason County, West Virginia. Residents attended a meeting on March 17, only to discover the official comment period had ended two days prior on March 15. An incorrect March 25 deadline had been circulated via a DEP-run Listserv, despite the correct date appearing in a local newspaper. The DEP attributed the discrepancy to a clerical error.
Following this revelation, Mason County citizens rapidly formed the "Protect Mason County WV" Facebook group, which quickly amassed over 350 members, to coordinate efforts and submit input. Dani Parent, Executive Director of the West Virginia Citizen Action Group (WVCAG), and resident Elaine Matheny, among others, have urged the DEP to honor the later, incorrect date, arguing that the premature issuance of the permit while the community was still organizing demonstrates a "false sense of urgency" and silences local voices.
The proposed data center is being developed by Nscale, which recently announced an agreement with Microsoft. Separately, a public hearing is scheduled in the Eastern Panhandle, specifically the Falling Waters area of Berkeley County, for a similar data center proposal. The DEP has not commented on the Mason County deadline controversy.