FOR IMMEDIATE RELEASE
March 11, 2026
CONTACT:
Amy Margolies, Tucker United, tuckercountyunited@gmail.com
Jim Kotcon, WV Sierra Club, jkotcon@gmail.com, 304-594-3322
Olivia Miller, West Virginia Highlands Conservancy, olivia.miller@wvhighlands.org, 304-704-2997
Air Quality Permit fight continues against proposed Ridgeline power plant and data center
Three citizen groups are continuing their fight to overturn an air quality permit for the proposed Ridgeline power plant and data center in Tucker County, West Virginia. On March 6, Tucker United, West Virginia Highlands Conservancy, and Sierra Club filed a Notice of Appeal with the West Virginia Intermediate Court of Appeals and West Virginia Supreme Court, challenging a February 5, 2026 decision by the state Air Quality Board (AQB).
The groups contend that WVDEP improperly classified the facility as a minor source of air pollution, a designation that significantly limits public oversight and withheld critical information from the public, and failed to estimate emissions accurately. The AQB decision rejected these objections and upheld the permit. The groups are represented by Mike Becher from Appalachian Mountain Advocates.
The original appeal to AQB raised 17 specific objections to permit — only 15 of which were addressed in the February 5 response. The current appeal focuses on two core issues: first, that the WVDEP wrongly classified the facility as a ‘synthetic minor source’ of emissions rather than a ‘major source’ — a distinction that determines the level of regulatory scrutiny and public oversight the project must meet; and second, that critical emissions data was withheld from the public, making it impossible for citizens to independently assess the facility’s impact on their communities. The groups argue that the AQB ignored evidence on both counts, prompting the appeal to higher courts.
“Air pollution emissions from the proposed power plant in Tucker County will add to the already heavy health impacts from fossil fuel power plants in West Virginia,” said Jim Kotcon, Conservation Chair for the West Virginia Chapter of Sierra Club. “WVDEP should be focused on protecting our health and the environment, instead of bending over backwards for corporate polluters.”
“It is important for the Courts to hear these appeals, as the facts and the law demand that this flawed pollution permit be rejected”, added Kotcon. “Protection of Canaan Valley’s scenic beauty and unique environment has to be a priority.”
The groups argue the Ridgeline project has operated under a veil of secrecy, with corporate privacy rights and outside profits prioritized over the health, safety and voice of West Virginians.
“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.”
Amy Margolies of Tucker United emphasized, “The permit does not accurately assess how the pollution from this massive power plant complex will affect our children, our families and neighboring communities. 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. 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.”
