DAVIS — Three citizens groups in Tucker County have filed a Notice of Appeal with the West Virginia Intermediate Court of Appeals and West Virginia Supreme Court to challenge a decision made by the state Air Quality Board (AQB).

In February, the AQB rejected objections from Tucker United, the West Virginia Highlands Conservancy and Sierra Club that contend that the WVDEP improperly classified the proposed Ridgeline Power Plant and Data Center in Tucker County as a minor source of air pollution.

The groups claim that critical information was withheld from the public and that emission estimates from the proposed facility were not accurate. The decision from the AQB allowed the permit that was issued by the WVDEP to be upheld.

The groups’ current appeal focuses on two issues: that the WVDEP wrongfully classified the facility as a synthetic minor source of emissions rather than a major source; and that critical emissions datas was withheld from the public, which made it impossible for citizens to assess the facility’s impact on their communities.

“The permit does not accurately assess how the pollution from this massive power plant complex will affect our children, our families and neighboring communities,” said Tucker United’s Amy Margolies. “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.”

The proposed project would be a 500-acre natural gas power plant and data center located between the towns of Davis and Thomas. The facilities are to be constructed by Fundamental Data.

“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, 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. Protection of Canaan Valley’s scenic beauty and unique environment has to be a priority.”

Fundamental Data is a Virginia-based company whose website only features the business’ name and a copyright notice on its homepage. The groups argue the Ridgeline project has operated under a veil of secrecy.

“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.”