By: Lydia Crawley
The Parsons Advocate
As the Ridgeline fight continues in the State legal system, two State Intermediate Court of Appeal Judges have recused themselves from the case following concerns raised over conflicts of interest in the case. Judges Dan Greear and Charles Lorensen have both stepped aside following public criticism over the case, according to reports.
A call to have Judge Greear recused from the case was brought forth following an appeal by Tucker United, Friends of the Blackwater and the West Virginia Highlands Conservancy on how the West Virginia Department of Environmental Protection Air Quality Board ruled on Fundamental Data’s Air Quality Permit and concerns the groups had over redactions in the permit, as well as the proposed power plant being permitted as a Synthetic Minor Source of pollutants.
Tucker United was one of the groups calling for Judge Greear’s recusal due to his close connections to West Virginia House Speaker Roger Hanshaw, who the group and others see as being pro-data center.
Tucker United issued the following statement on the recusal to the Parsons Advocate.
“The people of West Virginia have serious concerns about being cut out of the legislative and regulatory processes surrounding large-scale data center developments,” said Amy Margolies, executive director of Tucker United. “Appointing a judge who has close personal or professional ties to the Speaker of the House to a data center case, when the speaker just helped pass legislation that favors data centers raises legitimate questions about biases and conflicts of interest. The additional connections between the Chief Judge, the Speaker, and the law firm representing Fundamental Data give rise to reasonable concerns that impartiality might be compromised.”
Reports by Legal News stated that Greear initially denied any basis for his disqualification from the case and even “invited any party with concerns to file a formal disqualification motion ‘out of an abundance of caution.’” Motions were filed by the West Virginia Highlands Conservancy, Tucker United and the Sierra Club on April 21st following news coverage of Hanshaw’s ties to Greear, which were reported to include Hanshaw co-hosting and sponsoring multiple fundraisers, that in 2025 brought in $60,000 in contributions to Greear’s campaign, according to a press release by the West Virginia Highlands Conservancy. The campaign claims were further backed up by reports by Legal News, as well. This eventually lead to the West Virginia Democratic Party issuing a press release asking Greear to recuse himself from the Ridgeline case due to the fundraising ties and scale of contributions.
Besides acting as Speaker of the West Virginia House, Hanshaw also is an attorney with Bowles Rice, LLP, the law firm that represents Fundamental Data, the company behind the Ridgeline Power Plant Project. Hanshaw has also signed on as Fundamental Data’s attorney, according to the group’s press release on the recusal filing that states that Judge Greear’s impartiality “may be reasonably questioned because of the nature and extent of his relationship with Fundamental Data attorney Roger Hanshaw, as well as other ties to Hanshaw’s law firm, Bowles Rice, LLP.”
“This case is of enormous importance to the people of Tucker County and to the public at large,” the petitioners wrote. “West Virginians deserve confidence that this appeal will be decided fairly and without any appearance of bias.”
Greear wrote to West Virginia Supreme Court Chief Justice Haley Bunn requesting approval of his voluntary recusal from the Fundamental Data Ridgeline Project Case, according to Legal News. The reason cited was his relationship with Hanshaw, the campaign fundraising events, his son’s employment with Bowles Rice, as well as that one of his law clerks, Laura Lorenson is married to Fundamental Data attorney William Lorensen. Greear did state that he was confident that he could “fairly serve as a judge, but cited the media attention and wanting to ensure timely consideration of the case” as the main reasons for his request, the reports stated.
Groups opposing the Ridgeline Project responded on April 30th by filing a motion to disqualify Lorensen and Greear from their appeal case, as well. This was followed by an April 30th letter by Greear to Supreme Court Judge Bunn in which he requested recusal from that case, as well. Greear agreed that if he were recused from the Ridgeline Case, he should be recused in the Air Quality Permit Case, as well. A similar letter was submitted to Judge Bunn by Judge Lorensen on May 1, requesting his recusal in the Air Quality Case.