West Virginia: Stop trying to make data centers happen
When people refer to West Virginia as 'Almost Heaven,' we think of the beautiful, quiet scenic areas like Black Water Falls, Canaan Valley and Dolly Sods, all in Tucker County.
However, our lawmakers just see money signs — and not very many of them.
Gov. Patrick Morrisey recently signed into law House Bill 2014 — one of his key priorities — which created the state's microgrid program to encourage data centers to come to the Mountain State.
Residents in Tucker County are already fighting a proposed data center. A Virginia company, Fundamental Data, has applied for an air permit from the West Virginia Department of Environmental Protection for the 'Ridgeline Facility.' It includes an off-the-grid natural gas power plant between Thomas and Davis, which will likely power the giant data center proposed for a site just a mile away from the county's most heavily populated and tourist-attracting areas.
A microgrid is a small power plant that is usually attached to a larger national grid, but runs independently to power things like a college campus, hospital complex or, in this case, a data center. West Virginia's new law allows 'high impact data centers' to curtail local zoning ordinances, meaning their microgrids don't have to attach to existing utilities.
HB 2014, as requested by Morrisey, originally included provisions that would have required electric utilities with coal fired plants to operate at a higher capacity — 69% compared to 40% — and hold a 45-day supply of coal on hand at all times, while most only stockpile a 30-day supply.
Lawmakers saw this bill as an opportunity to boost the state's coal industry, but power companies said it would be difficult to meet those standards. Not only that, but meeting those standards would have raised electricity rates for customers.
The bill was amended dozens of times and passed without those standards, and Morrisey signed it into law. Now residents of Tucker County are worried about a proposed data center taking away from the serene beauty of their home.
As someone who grew up in Poca just across the river from the coal-powered John E. Amos Power Plant, I understand why you wouldn't want a new one to pop up near your home. It's never quiet — you can hear the beep beep beep of equipment backing up all night and the banging of construction, and when the towers release steam, it sounds like the end of the world (at least it did when I first heard it as a child). And coal definitely keeps the lights on at the plant 24/7.
In Virginia, which has the largest data center market in the world, there are local noise and lighting ordinances to protect residents. West Virginia residents won't have the same protections.
My dad said during the 1970s, before air pollution was taken more seriously, ash from the John Amos plant would be all over the place in the mornings. Sometime in the 1990s, everyone on our street noticed spots on their cars that messed up the paint. My dad said the air pollution commission ran some tests on the spots that indicated they came from the power plant.
It only happened that one time, dad said, but it was worrisome then and it's something to think about now as the Trump administration rolls back environmental regulations. For instance, the Department of Justice has been told to block states from enforcing their own regulations on coal — because President Donald Trump wants to revive 'beautiful, clean coal.'
Not only are power plants loud, but data centers are as well. They create noise pollution, typically a low humming sound, which is the cooling system that must run constantly to keep the temperatures down. Many data centers also use a diesel powered back-up system in case they lose power, and those must be tested monthly. These generators can run between 85 and 100 dBA — 85 dBA is when hearing can be harmed.
So why are we putting up with this noise? It must be because it'll bring lots of jobs to the state, right? Not likely. Data centers are just buildings full of computers, and are largely automated. You ever wonder where the stuff you save on the cloud is stored, where the computers that make AI art are or where bitcoin is mined? In a data center.
Some facilities employ only 50 people. Most data center jobs come from the construction of the facilities, and are often contracted from out-of-state.
Aside from data centers not bringing jobs, they could cost ratepayers more money. Virginia has proposed two transmission lines for their data centers, and the lines could cost West Virginians more than $440 million, according to the Institute for Energy Economics and Financial Analysis
The two transmission lines, both of which cut through West Virginia, were proposed to help with growing demand for electricity from data centers. PJM's transmission cost allocation methodology charges all ratepayers for the transmission infrastructure because it assumes that the 'regional transmission costs could not be attributed to a single new user or class of users.' However the most recent Regional Transmission Expansion Plan processes shows that's not the case.
While West Virginia is trying to use Virginia as an example on data centers, the state isn't doing it the same way with regulations and protections.
'What you're going to get if you do it this way is the worst players, the ones that didn't need to be in Northern Virginia,' said Julie Bolthouse, director of land use at Piedmont Environmental Council in Virginia. '… the players that are wanting that lack of regulations because they didn't want to abide by rules and didn't want to or need to protect communities, which is worse for West Virginia and the communities. What West Virginia is doing is not what Virginia is doing.'
If lawmakers are serious about bringing data centers to the state, then they need to be serious about the consequences and set better regulations to protect residents who want to enjoy wild, wonderful West Virginia without noise cancelling headphones.
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Associated Press
7 days ago
- Associated Press
West Virginia lawmakers eliminated local authority to regulate data centers and similar projects
In late March, Pamela Moe was at her dining room table, skimming the local paper when something caught her eye. A legal notice, by a company she had never heard of, for a facility near the city of Thomas. Curious, Moe looked up the coordinates listed on the ad. She noticed the list of air pollutants the project would release. And then she pulled out her phone, took a photo and sent it out to a group of almost four dozen people all from or around the community, asking them what they knew. But she soon learned that no one knew anything. As news of the project spread quickly, so did the effort to learn more. The community raced to fill in details about the project. They looked to confirm their suspicions that the project was intended to power a data center. Residents reached out to their local, county and state officials. And as the news reached the broader public, worries also swirled among those who routinely visit Davis and Thomas for their scenic vistas, sprawling trails and dark skies. But by the time the community had mobilized to get answers, West Virginia lawmakers in Charleston had stripped what little power they had over such a project. Counties lost potential tax revenue. Localities lost oversight. And residents lost a say. 'All of it just dovetailed so neatly and closely, it seems suspicious,' Moe said. Morrisey and state lawmakers pitch West Virginia as data center haven In December, months earlier, lawmakers were gearing up for a last minute special session where they could have considered legislation related to a data center project in Logan County. But the session never materialized after confusion on who was allowed to vote following the November election. Then in February, during his State of the State address, Gov. Patrick Morrisey offered up his economic vision for West Virginia: Data centers, supercomputers and cryptocurrency. A measure to help aid that vision was introduced into the House of Delegates on March 18, the last day to introduce legislation into the chamber. Immediately following the day's House floor session, Morrisey held a press conference urging lawmakers to pass the bill, dubbed the Power Generation and Consumption Act, to encourage the development of small local energy grids. These developments would allow projects like data centers to operate independently instead of connecting to the larger electrical system. 'West Virginia will be the most attractive state in the country for data centers after this bill is passed,' Morrisey said. A few hours later, an air permit application for a natural gas-fired power plant in Tucker County landed in the inbox at the West Virginia Department of Environmental Protection's Division of Air Quality. Days later, the House Energy Committee took up the bill, approved an amended version and sent it to the floor for a vote. In the bill, lawmakers diverted all the tax revenue from such projects to the state, leaving local governments without. Lawmakers also forbid local communities from restricting noise, lighting, or land use, stripping residents of any authority. News of data center and Morrisey's bill raise questions in Tucker County As the committee was wrapping up its late March meeting in Charleston, a Tucker County postman delivered Moe her newspaper with the public notice by the Virginia-based Fundamental Data LLC. 'I didn't get to read the rest of the paper right away because that just really spurred me into action,' Moe said. Moe, who's been involved in environmental efforts for decades, had never heard of the company, but she had heard of the air pollutants. She also was familiar with the project's proposed location between the towns of Thomas and Davis. She emailed out a picture of the ad to environmentalists, business owners and other residents, asking them what they knew. Then Moe sent the full 77-page permit application, following up with a brief three-page analysis. The proximity of the project to the towns of Thomas and Davis worried Marilyn Shoenfeld, one of the email recipients. So, early the next morning, Shoenfeld, president of the West Virginia Highlands Conservancy, called the mayor of Davis to find out what he knew. Except, he also didn't know anything, and neither did other officials. 'From a local leadership standpoint, none of us were aware that this was even a possibility,' said Al Tomson, mayor of Davis. But, the news was quickly spreading through the community, and so were the concerns. Sheena Williams stressed about the air pollution's impact on her asthmatic daughter. Joseph Lewandowski worried how the project would harm the protected and public lands treasured by both its residents and visitors. And almost everyone was alarmed about how little information there was. They knew that the application was for a natural gas-fired power plant independent of the electric grid, but not much else. The number of combustion turbines wasn't identified. The types of air pollution control devices weren't listed. And the sources and types of fuel were missing. The company had redacted those details on its permit application, citing business confidentiality. 'That's the main gripe I think most people have with this — all the redactions and just the lack of transparency,' said Lewandowski, a Thomas native. The project's independence from the grid, along with the company's name, fed suspicions that the power plant would ultimately power a data center, despite no public confirmation. Data centers can use several million gallons of water a day for cooling, which has already caused issues in local communities where they are located. They also are a source of noise pollution and can reach concerning decibel levels. As news of the project made it through the county, so did knowledge about Morrisey's bill and the potential ways it could impact the community and projects. 'There was just so much variability in terms of what we don't know,' said Moe. Lawmakers vote to take data center regulation and benefit away from local governments At the Capitol, the bill was moving through the House. On March 31, two House Democrats tried to amend the bill and reinstate local oversight. 'My amendment doesn't have anything to do with the specifics of microgrids, whether you like microgrids or don't like microgrids,' said Del. Evan Hansen, D-Monongalia. 'My amendment is purely about local control.' The restrictions are needed because large data centers have statewide impact, said Del. Clay Riley, R-Harrison. This bill would make sure a town or county isn't 'stopping investment and stopping job creation.' 'Data centers have significantly, or can significantly, benefit the local economies through job creation, attracting investment. This bill, as it sits, could facilitate that development and boost economic growth,' Riley said. In a voice vote, the chamber rejected the amendment. As the House prepared to vote on the bill the next day, some lawmakers said they worried it would raise the cost of electric bills. Those concerns ultimately led some Republicans to join the Democrats in voting against it. Del. Marty Gearheart, R-Mercer, said he was voting no 'not because I don't want data centers here, but because in this particular instance, in my ignorance, I'm going to decide with the ratepayers in the state of West Virginia.' On April 1, the House passed the bill, 88 to 12, and sent it over to the Senate. As lawmakers in Charleston sent the bill to the other side of the Capitol, residents throughout Tucker County began mobilizing. The opposition organizes in Tucker County The community organized meetings. Residents made calls to Charleston. They emailed their delegates and senators. And news continued to spread. By then, Country Roads News, a newsletter covering the Canaan Valley, Davis and Thomas communities, broke the story about the permit application. That's also when county officials began learning about the implications of the governor's bill and how counties would lose both oversight and tax revenue, if it passed. A week later, when the Senate Economic Development Committee took up the measure on April 8, there was a steady stream of testimony from officials from several counties across the state. 'I'm concerned that this bill, as presented, will ultimately discourage local counties and municipalities from attracting data centers to their community,' Tammy Tincher, president of the County Commission of West Virginia, told the committee. Tincher, also a Greenbrier County Commissioner, said that tax revenue from developments is critical to how counties fund services and infrastructure for local communities. Eddie Gochenour, president of the Berkeley County Commission, said that officials wouldn't have worked to bring a data center to the county if they knew they would lose so much tax revenue. He called the bill 'probably one of the most overreaching pieces of legislation that I've ever seen.' 'We want to be a true and equal partner, and I don't think that's too much to ask,' Gochenour added. After more than three hours of testimony, the committee amended Morrisey's bill to allow counties to receive a fraction of the tax revenue earned off a project. That same day, state air quality engineers inspected the project site with representatives from the development and land owner companies less than a mile outside of Thomas. Over the next few days, lawmakers ironed out the details and passed the final version of the bill on April 12, the last day of the legislative session. Now, instead of all tax revenue going to the state, 30% would go to the county where the project is located while 5% would be divided up across the other 54 counties. The bill still removed local authority over data centers and microgrids. The community meets to learn more The next day, nearly 300 people packed into the Davis Volunteer Fire Hall with a lot of questions and very few answers. Tomson stood at the lectern and microphone set up in the front of the room. In a blue button down and his glasses, the mayor of Davis addressed the room. 'House Bill 2014, we'll talk about that first,' he said. 'It's a done deal. It was passed.' 'It really demonstrates, unfortunately, how much Charleston values local opinion,' Tomson added. 'They didn't want it.' For many in the community, this was the first time they learned about the legislation. In the nearly four-hour meeting, Steve Leyh, executive director of the Tucker County Development Authority, told the room that 'this project came out of the blue.' 'Usually that doesn't happen with real projects. Usually projects you start talking about months in advance,' Leyh said, adding that typically companies have conversations with the county commission, development authority and other local officials when looking to propose a project. Michael Rosenau, president of the Tucker County Commission, also told the room that he had no knowledge of the project or the bill until Tomson called him. 'Everything that we're talking about now is just guesswork,' said Rosenau. 'Once I know the facts, then I can take a stance one way or the other.' Governor Morrisey declares West Virginia 'America's energy state' Soon after the meeting, residents formed a grassroots group called Tucker United. With the bill awaiting Morrisey's signature, the group turned their efforts toward him. A few days after the town hall meeting, the group started asking the governor to veto the bill, going so far as to start an official petition. In the meantime, the community sought to find answers. Moe filed records requests. Amy Margolies continued emailing elected officials. Nikki Forrester kept spreading word. And they all, collectively, bombarded the DEP with public comments about the air permit application, asking the redacted information be released. On April 25, spurred by the influx of comments, the DEP asked for clarification on the information Fundamental Data had redacted. Five days later, in Mason County, near another location slated to host a data center, Morrisey signed the Power Generation and Consumption Act into law alongside several state lawmakers. 'West Virginia is America's energy state, and this law is going to demonstrate it to the whole country that we are ready for action,' Morrisey said. The governor had still not replied to Tomson's official requests for a meeting. On May 7, Fundamental Data replied to the DEP, saying that they believe they met the state's confidentiality standard. Days later, the DEP agreed. And a few days later, a new wave of panic surged through the community. In a May 18 article, representatives for Fundamental Data told the Wall Street Journal that their facility could be 'among the largest data center campuses in the world' and, if fully built, could span 10,000 acres across Tucker and Grant counties. It 'broadened our fears more than we could ever imagine,' said Sheena Williams, a longtime Tucker County resident. When asked in July, about whether the governor would meet with the mayor or community, spokesperson Drew Galang said that the executive branch, through the DEP, had 'already conducted significant public participation efforts.' 'As with most large‑scale economic development projects, there are multiple avenues for public participation,' he said, adding that Morrisey will always welcome feedback from communities 'so that we are bringing in business the right way and addressing citizens' concerns appropriately.' The community questions state regulators In the evening of June 30, more than 300 people filed into the Canaan Valley Resort State Park in Tucker County. Members of the DEP's Division of Air Quality sat at the front of the room, with their backs facing a wall of windows that peered over the valley. Standing at one of the two lecterns in the room, Terry Fletcher, DEP's chief communications officer, addressed the room. 'Our purpose here is to provide the information and answer questions relevant to Fundamental Data's air quality permit application,' he said. But residents wanted to talk about more than air quality. As the meeting stretched on for nearly five hours, folks cycled through a range of feelings beyond anger and frustration. Some begged and pleaded with the state regulators while others bargained, asking them to help their community. As state air quality engineers answered questions about the project's permit, they explained that the community's other concerns — water, noise, light and zoning — were outside their control. When one engineer suggested residents speak to their local officials, someone from the crowd shouted: 'They've been cut out of the process.' ___ This story was originally published by Mountain State Spotlight and distributed through a partnership with The Associated Press.
Hamilton Spectator
24-07-2025
- Hamilton Spectator
Parents seeking religious exemptions to school vaccines win reprieve in a West Virginia county
A West Virginia judge on Thursday allowed the children of three families in one county to attend school this fall without required vaccinations, the latest move in a showdown between Republican Gov. Patrick Morrisey and the state Board of Education. Raleigh County Circuit Judge Michael Froble issued a preliminary injunction less than a month before the start of the new school year. The ruling involves children whose parents sued and are claiming religious exemptions to a long-standing school vaccine mandate. Morrisey issued an executive order upon taking office allowing such religious exemptions. But the board voted last month to direct public schools to ignore the order and instead follow school vaccine requirements that are laid out in state law and prohibit the exemptions. Froble's ruling came in a lawsuit that was filed June 24 . The injunction was limited to the three children of the plaintiffs who sued the state and local departments of education, and has no impact statewide. Morrisey, who served as West Virginia's attorney general from 2013 until he was sworn in as governor in January, said he believes the religious exemptions to vaccinations should already be permitted under a 2023 law passed by the Legislature called the Equal Protection for Religion Act . 'Today's ruling is another legal victory in the fight for religious freedom,' Morrisey said in a statement. 'No family should be forced to choose between their faith and their children's education, which is exactly what the unelected bureaucrats on the State Board of Education are attempting to force West Virginians to do.' The board said in a statement that it was disappointed by the ruling and that its members 'will decide next steps in the near future.' The original lawsuit doesn't explain what specific religion the families follow. It was filed on behalf of parent Miranda Guzman, who identifies as a Christian and said that altering her child's natural immune system through required vaccinations 'would demonstrate a lack of faith in God' and 'disobey the Holy Spirit's leading.' The suit was later amended to add two other parents. Most religious denominations and groups support medical vaccinations, according to the American Bar Association . Vaccination mandates for public schools are seen as a way of to prevent the spread of once-common childhood diseases such as measles, mumps, whooping cough, chickenpox and polio. But due in part to vaccine hesitancy, some preventable and deadly diseases are on the rise. For example, the U.S. is having its worst year for measles spread in more than three decades. Medical experts have long heralded West Virginia's school vaccination policy as one of the most protective in the country for children. State law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before starting school. Several states grant medical exemptions from school vaccinations. At least 30 states have religious freedom laws modeled after the federal Religious Freedom Restoration Act, signed in 1993 by then-President Bill Clinton. It allows federal regulations that interfere with religious beliefs to be challenged. On Wednesday, a Kanawha County judge dismissed a separate lawsuit against Morrisey's executive order because it didn't give the required 30 days' notice prior to being filed. That lawsuit, filed on behalf of two Cabell County parents, will be allowed to be refiled. It alleged that only the Legislature, not the governor, has the authority to make such decisions. During their regular session that ended in April, lawmakers failed to pass legislation that was introduced to allow religious exemptions for school vaccine mandates.
Associated Press
24-07-2025
- Associated Press
Parents seeking religious exemptions to school vaccines win reprieve in a West Virginia county
A West Virginia judge on Thursday allowed the children of three families in one county to attend school this fall without required vaccinations, the latest move in a showdown between Republican Gov. Patrick Morrisey and the state Board of Education. Raleigh County Circuit Judge Michael Froble issued a preliminary injunction less than a month before the start of the new school year. The ruling involves children whose parents sued and are claiming religious exemptions to a long-standing school vaccine mandate. Morrisey issued an executive order upon taking office allowing such religious exemptions. But the board voted last month to direct public schools to ignore the order and instead follow school vaccine requirements that are laid out in state law and prohibit the exemptions. Froble's ruling came in a lawsuit that was filed June 24. The injunction was limited to the three children of the plaintiffs who sued the state and local departments of education, and has no impact statewide. Morrisey, who served as West Virginia's attorney general from 2013 until he was sworn in as governor in January, said he believes the religious exemptions to vaccinations should already be permitted under a 2023 law passed by the Legislature called the Equal Protection for Religion Act. 'Today's ruling is another legal victory in the fight for religious freedom,' Morrisey said in a statement. 'No family should be forced to choose between their faith and their children's education, which is exactly what the unelected bureaucrats on the State Board of Education are attempting to force West Virginians to do.' The board said in a statement that it was disappointed by the ruling and that its members 'will decide next steps in the near future.' The original lawsuit doesn't explain what specific religion the families follow. It was filed on behalf of parent Miranda Guzman, who identifies as a Christian and said that altering her child's natural immune system through required vaccinations 'would demonstrate a lack of faith in God' and 'disobey the Holy Spirit's leading.' The suit was later amended to add two other parents. Most religious denominations and groups support medical vaccinations, according to the American Bar Association. Vaccination mandates for public schools are seen as a way of to prevent the spread of once-common childhood diseases such as measles, mumps, whooping cough, chickenpox and polio. But due in part to vaccine hesitancy, some preventable and deadly diseases are on the rise. For example, the U.S. is having its worst year for measles spread in more than three decades. Medical experts have long heralded West Virginia's school vaccination policy as one of the most protective in the country for children. State law requires children to receive vaccines for chickenpox, hepatitis B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough before starting school. Several states grant medical exemptions from school vaccinations. At least 30 states have religious freedom laws modeled after the federal Religious Freedom Restoration Act, signed in 1993 by then-President Bill Clinton. It allows federal regulations that interfere with religious beliefs to be challenged. On Wednesday, a Kanawha County judge dismissed a separate lawsuit against Morrisey's executive order because it didn't give the required 30 days' notice prior to being filed. That lawsuit, filed on behalf of two Cabell County parents, will be allowed to be refiled. It alleged that only the Legislature, not the governor, has the authority to make such decisions. During their regular session that ended in April, lawmakers failed to pass legislation that was introduced to allow religious exemptions for school vaccine mandates.
