By: Lydia Crawley
The Parsons Advocate
Tucker United along with the West Virginia Highlands Conservancy and the Sierra Club filed a Notice to Appeal with the West Virginia Intermediate Court of Appeals on March 6th to challenge the West Virginia Supreme Court to challenge the February 5th decision by the West Virginia Air Quality Board.
The groups seek to overturn the February ruling over the proposed Rideline Power Plant Project slated to be constructed between Davis and Thomas by Virginia owned Fundamental Data, LLC. The groups have long associated the project with the potential for data centers to come to Tucker County along with the project, though the West Virginia Department of Environmental Protection Air Quality Division denied this during a public meeting June 30, 2025 at Canaan Valley State Park. Representatives said during the meeting that no plans for data centers were expressly listed in the permit applications. However, when pressed by attendees, they could not deny the possibility on the future.
Assertions made by the groups contend that the WV DEP have improperly classified the Ridgeline facility as a Synthetic Minor Source of pollution, as well as the entity withheld crucial emissions data from the public through improper redactions in the permit released to the public and failed to estimate emissions accurately. As a minor source, the groups contend, the facility would have “siginificantly (limited) public oversight.” The groups initial appeal to the AQB included 17 objections, 15 of which were addressed, the groups assert.
Chair of the West Virginia Chapter of the Sierra Club Jim Kotcon said that the DEP should be focused on protecting the health and environment of West Virginia, “instead of bending over backwards for corporate polluters.” The groups have argued that the project has operated under a veil of secrecy from the very beginning and that “corporate privacy rights and outside profits prioritized over the health, safety and voice of West Virginians.”
Kotcon said that it was important for the Courts to hear and address these appeals. “…The law demand that this flawed pollution permit be rejected. Protection of Canaan Valley’s scenic beauty and unique environment has to be a priority,” Kotcon said.
“West Virginians have a right to know what pollution may be released into the air they breathe,” said Olivia Miller, interim executive director of the West Virginia Highlands Conservancy. “Concealing that information protects corporate interests at the expense of public health and dignity. We are appealing to defend transparency, accountability, and the health of people and the environment in the Highlands.”
Tucker United’s Amy Margolies asserts that the Air Quality Permit does not properly and accurately assess the impact the facility will have on the surrounding communities. The group completed an independent study that contested many of the assertions of the Fundamental Data application.
“West Virginians are entitled to full transparency on large-scale projects that will affect our land, air and water, our health, and our local economies,” Margolies said. “We are calling for a seat at the table and a voice in decisions about our own future. If it’s a good deal, it should stand up in daylight.”
No hearing date has been set for the latest appeal. The groups are represented by Mike Becher from Appalachian Mountain Advocates. Fundamental Data and Casey Chapman could not be contacted for comment on this article.
