Data Center Legal Fight Continues as Opposition Group Files Appeal
Plus, Fundamental Data starts hiring for Tucker County facility, and no action from Sen. Smith to restore local control
Three groups filed an appeal seeking to overturn recent decisions by state regulators to approve a proposed natural gas-fired power plant near Davis and Thomas. The power plant is intended to supply electricity to a large complex of data centers that would be built nearby.
The West Virginia Department of Environmental Protection approved a permit for the power plant in August. The West Virginia Air Quality Board largely upheld that decision in a February 5 ruling.
The West Virginia Highlands Conservancy, Tucker United, and the Sierra Club recently filed a notice of appeal with the West Virginia Intermediate Court of Appeals and the West Virginia Supreme Court. The three groups, which oppose the power plant, say that state officials allowed the backers of the power plant to improperly classify the facility as a minor source of air pollution, “a designation that significantly limited public oversight and withheld critical information from the public, and failed to estimate emissions accurately.”
Fundamental Data, the company seeking to build the power plant, responded in a statement that the company “remains confident in the regulatory process and will continue moving forward with development” of the project. The statement added that Fundamental Data “followed West Virginia’s established regulatory review and permitting process, including extensive review by state regulators and permitting by the West Virginia Department of Environmental Protection.”
Fundamental Data seeks to hire land surveyor
Meanwhile, Fundamental Data is looking to hire a licensed land surveyor to work in Tucker County.
The job description says the position is for “a large-scale site with complex boundary, topographic, and construction survey needs.” The job posting states that “complex solar arrays and infrastructure” will be part of the project.
The job posting lists a salary range of $66,000 to $77,000 annually.
No action from Smith
With the state’s annual legislative session coming to a close soon, state Senate President Randy Smith appears unlikely to act on his pledge to restore local control over data centers.
At a public forum in Parsons in November, Smith told constituents he was dissatisfied with the new data center deregulation law that he helped steer to enactment, and that he would pursue changes to it. “Local control is a big issue,” Smith said. “It was a big issue when it was being passed. That’s one thing our members want to address.”
However, no such legislation has seen substantive action in Charleston, and the state legislature is scheduled to adjourn March 14.
Smith did not respond to multiple calls and emails seeking comment for this story.
At a Tucker County Commission meeting Wednesday, an audience member asked whether the commission had heard anything from Smith regarding his pledge to restore local control over data centers. The commission members indicated they had not.
Amy Margolies, a spokeswoman for Tucker United, urged Smith to use the final days of the legislative session to honor his public commitment to restore local control over data center projects. “West Virginians have a constitutional right to participate in decisions that directly affect our lives,” Margolies said. “We’re asking Senator Smith to honor his promise and give us a seat at the table.”
Mat Cloak contributed to this story.
More News
Sheriff’s Department Gets Its First Detective
By Mat Cloak, contributing writer
The Tucker County Sheriff’s Department has its first detective on the force.
Sheriff Jake Kopec named Lieutenant Chris Teter, an 18-year veteran of the department, to fill the new position. Kopec said the change allows Teter to focus on long-term investigations, taking that burden off patrol officers. The change also will produce faster results in major crime investigations, Kopec said.
“Typically, in a small sheriff’s office, all the deputies just work on the road. The detective has the ability to take crimes that road officers may not have the extra time to investigate,” Kopec said. He added, “sometimes a crime can happen and it can take up to two months to solve that crime.”
The move is part of a trend toward expanded law enforcement capacity in the area. The county recently created two full-time courthouse security positions, citing increased political violence in communities across the nation. Davis has explored hiring a code enforcement officer to address a variety of problems including abandoned cars parked on streets and noise complaints. Davis Mayor Al Tomson has also raised the idea of creating a town police department.
Groups Hold Event to Assist Mine Workers
An employment and resource event will be held March 18 to assist people affected by the recent closure of the Mettiki coal mine. The event will be held from 10 a.m. to 2 p.m. at the National Youth Science Academy, 494 Riverstone Road, Davis.
Attendees can meet potential employers, apply for open positions, and register in a jobseeker database. The event is being hosted by Workforce West Virginia, the Tucker County Development Authority, and the National Youth Science Academy.
Also, Country Roads News assembled a resource guide for people affected by the closure of the mine. Click the button below to download the resource guide.
Thank you for covering these important issues. The fight is just beginning in Berkeley County. Are you going to cover the Data Center Town Hall in Bedington on Friday? We’d appreciate as much publicity surrounding this as possible. It’s generating a huge amount of buzz in our community. 6-8pm at the Bedington Ruritan Club. Link below:
https://www.facebook.com/share/18KSbXBZLx/