West Virginia Appeals Court Dismisses Ridgeline Permit Challenges

The West Virginia Intermediate Court of Appeals dismissed environmental groups’ challenges to a turbine permit for Fundamental Data LLC’s Ridgeline project on Aug. 26. The court cited jurisdictional grounds and did not decide whether the state’s emissions review was adequate. The West Virginia Air Quality Board upheld the permit on Feb. 5, 2026, with an added performance-testing condition. The later court orders did not review the permit’s merits. The West Virginia Department of Environmental Protection (WVDEP) issued the construction permit Aug. 15, 2025, for a turbine power facility off U.S. 48 near Thomas. It sets annual emissions limits, including 99.35 tons of nitrogen oxides and 58.89 tons of sulfur dioxide. Those figures are permitted maximums, not measurements of actual emissions.

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