FOR IMMEDIATE RELEASE
November 5, 2025
CONTACT:
Nikki Forester, Tucker United, tuckerunitedcomms@gmail.com, 703-966-3171
Zina Raye, Tucker United, 703-579-7199
Cris Parque, Tucker United, 917-386-8483
Jim Kotcon, WV Sierra Club, jkotcon@gmail.com, 304-594-3322
Olivia Miller, West Virginia Highlands Conservancy, olivia.miller@wvhighlands.org, 304-704-2997
CHARLESTON, W.Va. — Three citizen groups advanced their efforts to demand that the West Virginia Department of Environmental Protection (WVDEP) revoke and reclassify an air quality permit for the proposed Ridgeline power plant in Tucker County. Tucker United, the West Virginia Highlands Conservancy, and the Sierra Club filed a notice of appeal with the West Virginia State Air Quality Board on Sept. 12, challenging WVDEP’s approval of the permit.
The first hearing was held today at the WVDEP headquarters in Charleston. Before the hearing began, more than 30 supporters gathered outside the building for a peaceful rally opposing the project.
The groups are represented by Mike Becher from Appalachian Mountain Advocates. Lawyers for the WVDEP and Fundamental Data were also present at the hearing.
The appeal raises 17 specific objections to the issuance of the permit, focusing primarily on the WVDEP’s misclassification of the facility as a synthetic minor source of emissions instead of a major source, and the redaction of critical data to calculate air pollutant emissions.
“Today’s hearing and rally show a united front of concerned West Virginians who are willing to fight any developments of power plants and data centers that will harm our people and communities,” said Nikki Forrester, spokesperson for Tucker United. “We are not going anywhere. Our allies are growing across the state as we join forces to fight against selling our futures to big data.”
Two motions were addressed during the hearing. The first was a motion filed by the three citizen groups to provide attorneys and expert witnesses access to confidential information regarding how Fundamental Data calculated their air pollution emissions for use during the hearing. This information is critical for determining whether the facility has the appropriate emissions limits and is incorrectly classified as a synthetic minor source of pollutants.
The Air Quality Board directed the parties to meet and agree on a protective order, which would allow the redacted information to be used during the hearing. “We are pleased the Board is looking for ways to get the required information to our attorneys and expert witnesses,” said Jim Kotcon, Chair of the West Virginia Chapter of Sierra Club.
“The WVDEP and Fundamental Data say their priority is to protect trade secrets, but the result is that basic information is hidden from the public,” said Amy Margolies, a witness for the appellant Tucker United who lives in Canaan Valley. “As a mom of two little kids, my priority is to protect my family. We live here and we deserve to know how the pollutants from this power plant will affect our health and quality of life.”
The second motion, filed by WVDEP, sought to dismiss several parts of the appeal. Two of the three objections were granted to the WVDEP, meaning 15 of 17 objections in the appeal remain in place.
“Tucker United and our allies will not back down to big business,” said Margolies. “We are here fighting to remind the WVDEP of their duty to ensure all West Virginians have access to clean air.”
“Our members have spent decades working to protect the clean air, clean water, and wild beauty of the Highlands,” said Olivia Miller, program director of the West Virginia Highlands Conservancy. “The secrecy surrounding this permit isn’t unique—it’s part of an aggressive pattern we’re seeing across the country as data center developers try to sidestep public accountability. West Virginians deserve better, and we won’t stay silent while wealthy tech companies exploit our resources and put our communities and environment at risk.”
Tucker United and its partners will continue their advocacy and peaceful demonstrations before the next Air Quality Board hearing. The hearing is scheduled for Dec. 3, 2025 at 8:30 a.m. The location has not been determined, as the current building will be under construction.
