Judges Step Aside in Ridgeline Cases

Two judges on the State Intermediate Court of Appeal, Dan Greear and Charles Lorensen, have voluntarily recused themselves from legal cases involving Fundamental Data's proposed Ridgeline Power Plant Project in West Virginia. The recusals followed public criticism and formal motions filed by environmental and community groups, including Tucker United, Friends of the Blackwater, the West Virginia Highlands Conservancy, and the Sierra Club, who raised concerns about conflicts of interest. These groups had appealed a ruling by the West Virginia Department of Environmental Protection Air Quality Board regarding Fundamental Data's Air Quality Permit, particularly concerning redactions and the permitting of the power plant as a Synthetic Minor Source of pollutants. The controversy primarily centered on Judge Greear's close connections to West Virginia House Speaker Roger Hanshaw, who is also an attorney with Bowles Rice, LLP, the law firm representing Fundamental Data. Hanshaw has notably acted as Fundamental Data's attorney and has been criticized by opposition groups as being pro-data center. Reports indicated Hanshaw co-hosted and sponsored fundraisers for Greear's campaign, raising significant contributions. These ties, along with the employment of Greear's son at Bowles Rice and a law clerk's marriage to another Fundamental Data attorney, William Lorensen, led to calls for judicial impartiality. While Judge Greear initially denied any basis for disqualification, he later requested approval for his voluntary recusal from both the Ridgeline Project Case and the related Air Quality Permit Case, citing media attention and the need for timely consideration. Judge Lorensen also submitted a similar request. The petitioners emphasized the enormous importance of the case to the people of Tucker County and the public, stressing the need for confidence in a fair and unbiased appeal process.