Tucker United v. West Virginia Air Quality Board (Ridgeline Data Center Permit Appeal)
Tucker United, the Sierra Club, the West Virginia Highlands Conservancy, and Friends of Blackwater appealed the state Air Quality Board's approval of an air permit for Fundamental Data LLC's proposed Ridgeline power plant and data center -- a 1,600-megawatt off-grid gas-and-diesel facility on 500 acres near Davis and Thomas in Tucker County -- arguing DEP improperly classified it as a minor emissions source to limit public review. The Intermediate Court of Appeals dismissed both consolidated appeals (Nos. 26-ICA-92 and 25-ICA-391) on August 26, 2026 for lack of jurisdiction, holding that direct challenges to Air Quality Board permit decisions must go to circuit court or the West Virginia Supreme Court of Appeals, not the ICA -- but left the door open for the groups to appeal further with 'good cause' for the delay.
Why it matters
A jurisdictional dead end that nonetheless keeps a large-scale off-grid data center's air permit contested well past groundbreaking, and a preview of how West Virginia's new data-center-friendly siting law (which strips local zoning authority over such projects) is shifting the real fight to environmental permitting venues instead. Developers building large gas-fired, off-grid power plants to serve data centers in West Virginia should expect permit challenges to migrate to whichever appellate forum a jurisdictional ruling like this one leaves open, prolonging uncertainty even after a project clears its underlying air permit.
Read the full write-up and case timeline
The complete analysis of this matter, with its procedural history and practical takeaways.
Open the full matterGet an email when a matter like this is filed
Set up a free watchlist for environmental matters in West Virginia, or for the tenants, borrowers and guarantors in your portfolio.
Create a watchlistMore environmental matters
CREdocket summarizes public court records and reporting; see our sourcing standards and corrections log. Not legal advice. Facing something similar? Contact us.