Groups Challenge West Virginia Air Permit for Data Center

A coalition of local citizens and conservation organizations is seeking a court hearing to challenge an air quality permit granted by the West Virginia Department of Environmental Protection. The permit allows Fundamental Data to develop a power plant and data center complex spanning 10,000 acres near Davis and Thomas. The proposed facility would utilize gas-fueled turbines and three 10-million gallon diesel storage tanks.

The West Virginia Intermediate Court of Appeals recently issued two procedural dismissals, ruling that one appeal was improperly docketed and belongs in the state Supreme Court, while a separate confidentiality case was deemed moot. Opponents, including the Sierra Club and the West Virginia Highlands Conservancy, argue the facility is too large to be classified as a minor source of air pollution and criticize the use of redacted information in the permit.

Beyond the environmental challenge, the West Virginia Highlands Conservancy has raised conflict-of-interest concerns regarding House Speaker Roger Hanshaw. The group alleges a conflict because Hanshaw is representing the developer while the state legislature considers legislation related to the project.