Community, Conservation Groups Ask Courts To Properly Review Challenges To Data Center Permitting

Last fall citizen groups including Tucker United and the West Virginia Highlands Conservancy challenged the West Virginia Department of Environmental Protection’s approval of an air quality permit for a data center in Tucker County. The Ridgeline facility plans to use natural gas fired turbines on site -- called a microgrid -- to produce at least 750mw to power the data center.   

The groups separately appealed to the courts to require the disclosure of redacted information. The company Fundamental Data cited “trade secrets”in the draft permit.   

The Intermediate Court of Appeals of West Virginia last Wednesday issued dismissal orders in both cases, saying one was an issue for the Supreme Court of Appeals of West Virginia, and the other was moot now that the permit was issued.  

In a press release Friday the groups said they plan to refile with the higher court.  

Olivia Miller of the West Virginia Highlands Conservancy pointed out that the decisions have been about which court should hear the cases, not whether the air permit is valid or whether Fundamental’s use of confidential business information was justified. 

“Our position remains unchanged. A giant power plant built to serve what Fundamental Data has described as one of the largest data center complexes in the world should not be classified as a minor source of air pollution. From the beginning, we have raised concerns that so much of the permit was redacted that the public never had a meaningful opportunity to review or critique it,” she said. “The evidence presented by our expert also deserves full consideration. West Virginians have legitimate concerns about their health, their environment and their right to have a voice in decisions that will fundamentally affect their communities. We just want those concerns to be heard.” 

In their own press release, Casey Chapman, responsible official for Fundamental Data said the company respects the court’s rulings. 

“We will continue to address issues in the proper forum, comply with the requirements that apply, and work with the state in good faith as Ridgeline advances,” he said.