Citizen Groups File Appeal in Tucker County Data Center Permit Case

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Three citizen groups - Tucker United, West Virginia Highlands Conservancy, and Sierra Club - have filed a notice of appeal with the West Virginia Intermediate Court of Appeals and the West Virginia Supreme Court, challenging a recent decision by the West Virginia Air Quality Board that upheld an air quality permit granted by the West Virginia Department of Environmental Protection (DEP) for the proposed Ridgeline Power Plant and Data Center in Tucker County.

Why it matters

The groups argue that the DEP improperly classified the facility as a minor source of air pollution, limiting public oversight, and failed to accurately estimate emissions. They contend the plant will add to existing health impacts from fossil fuel power plants in the state, and that the DEP should be focused on protecting public health and the environment rather than accommodating corporate polluters.

The details

The citizen groups claim the DEP both withheld critical information from the public and failed to estimate emissions accurately in granting the air quality permit. They also argue that their original appeal raised 17 specific objections to the permit, but only 15 were addressed in the February decision upholding it.

• On March 6, 2026, the three citizen groups filed the notice of appeal.
• In February 2026, the West Virginia Air Quality Board upheld the air quality permit granted by the DEP.

What they’re saying

What’s next

The West Virginia Intermediate Court of Appeals and the West Virginia Supreme Court will now consider the citizen groups' appeal of the Air Quality Board's decision to uphold the air quality permit for the proposed Ridgeline Power Plant and Data Center.