On Friday, April 24, 2026, WDTV reported that environmental protection organizations are seeking the recusal of a judge in the Ridgeline Air Permit appeal. The West Virginia Highlands Conservancy, Tucker United, and Sierra Club have jointly filed a motion requesting Chief Judge Dan Greear to remove himself from the case.
The legal challenge concerns the air-quality permit issued for a proposed gas and diesel power plant located in Tucker County. The motion was officially submitted to the Intermediate Court of Appeals of West Virginia on April 21, challenging the West Virginia Department of Environmental Protection’s (DEP) approval of the permit granted to Fundamental Data LLC.
The petitioners argue that Judge Greear’s impartiality is questionable due to his relationship with Fundamental Data attorney Roger Hanshaw and his firm. They state that the case is of significant importance to the residents of Tucker County and the broader public, emphasizing that West Virginians deserve confidence that the appeal will be decided fairly, free from any perceived bias.
Amy Margolies, the executive director of Tucker United, expressed concerns about the legislative and regulatory processes surrounding large-scale data center developments. She noted that appointing a judge with close personal or professional ties to the Speaker of the House in a data center case raises legitimate questions about potential biases and conflicts of interest. Margolies highlighted the connections between the Chief Judge, the Speaker, and the law firm representing Fundamental Data, suggesting they give rise to reasonable concerns that impartiality might be compromised.
Officials have noted that since the disclosure of these connections, additional public reporting has revealed that Hanshaw co-hosted multiple campaign fundraising events for Judge Greear and lent his name as a sponsor for other events, thereby contributing to Greear’s campaign.
Olivia Miller, the interim executive director of the West Virginia Highlands Conservancy, stated that the case carries major consequences for the people of Tucker County and for public trust in West Virginia’s courts. She asserted that recusal is the appropriate measure to protect confidence in a fair and unbiased process when legitimate questions about impartiality arise.
The protection groups contend that under Rule 2.11 of the West Virginia Code of Judicial Conduct, a judge must disqualify themselves from any proceeding in which their impartiality might be reasonably questioned.
Source: WDTV
