An air quality permit issued by the West Virginia Department of Environmental Protection for Fundamental Data’s Ridgeline Facility ran into a roadblock when three citizen groups appealed the permit approval on Friday, September 15, 2025. Attorneys for Appalachian Mountain Advocates filed the legal appeal to the West Virginia Air Quality Board on behalf of three citizen groups; Tucker United, West Virginia Highlands Conservancy and Sierra Club.
Virginia-based Fundamental Data, LLC had filed an application for an air pollution permit to operate a large gas-fired power plant near Davis, WV. The company plans for the facility to power a large data center near Canaan Valley in Tucker County. Much of the information in the application was redacted as Confidential Business Information, preventing citizens from learning critical components related to emissions from the facility. In spite of that, WV-DEP issued the permit in August.
“We’re taking the next step in this fight because we believe the WV-DEP wrongfully hid critical information about this facility and incorrectly classified the gas- and diesel-fired power plant as a synthetic minor source of emissions instead of a major source,” said Nikki Forrester of the citizens group, Tucker United.
In addition to those issues, the appeal claims that the DEP did not require necessary emissions standards or pollution modeling, ultimately failing to meet the goals of the West Virginia Air Pollution Control Act. The appeal asks the Air Quality Board to disapprove of the air permit given to Fundamental Data.
“The proposed power plant would be one of the largest in West Virginia, yet West Virginia DEP wrongly called it a “minor source,” said Jim Kotcon, Chair of the West Virginia Chapter of Sierra Club. “That means it can avoid more stringent rules that would otherwise be required for such a large pollution source. And Canaan Valley is one of the most beautiful, yet most vulnerable, locations in West Virginia. We are concerned that emissions from the power plant would be trapped in the Valley, exacerbating the pollution impact to residents and the environment.”
“The West Virginia Highlands Conservancy strongly objects to the issuance of this permit for all the reasons listed here,” said Marilyn Shoenfeld, President of the West Virginia Highlands Conservancy. “We want to preserve the air quality of Tucker County. We believe that this facility does not qualify as a synthetic minor source, and instead needs to be evaluated as a major source facility. This appeal is one of many steps that will be taken to push back on this poorly conceived project that will bring questionable benefits to the residents of the area.”
“Tucker County residents deserve to know how the pollutants emitted from this massive power plant are going to directly impact our lives and health,” said Forrester of Tucker United. “We deserve to have a facility to be properly classified and subject to the environmental regulations that are designed to keep us safe. We ask that the Air Quality Board live up to its mission of keeping West Virginia’s water, air, land, and people healthy.”
The West Virginia Air Quality Board set a Nov. 5 hearing date for the appeal.
A copy of the appeal and hearing details are available at: Appeal Details
-WVHC-
09/15/2025
