AGP Executive Report

Energy & Climate Court Fight: A federal judge ruled New York can’t enforce its 2024 “Climate Change Superfund Act” demanding $75 billion from fossil fuel companies, saying the plan conflicts with federal authority over carbon rules—West Virginia AG J.B. McCuskey called it a win against a “money grab.” Soot Pollution at the Supreme Court: Republican AGs, including WV’s John McCuskey and Russell Coleman, are asking the U.S. Supreme Court to reverse lower-court support for tighter EPA soot limits tied to the Biden era. Data Center Backlash in WV: President Trump attacked the growing anti–data center movement, warning communities that reject projects could miss jobs and prosperity; locally, Tucker County opponents are pushing the WV Supreme Court to decide where their permit-appeal cases should be heard. Flood Recovery in Martinsburg: After the Aug. 27 flooding, Martinsburg is waiving building permit and inspection fees for 30 days for flood-related repairs and speeding up flood permit reviews. Wildlife Comeback: Two unbanded peregrine falcons have been confirmed at the New River Gorge Bridge, a hopeful sign for the species’ restoration in central Appalachia. Outdoor & Community: WV DNR announced 2026 elk management tour tickets, and the West Virginia State Parks Foundation named winners of its spring/summer “Mountains Are Always Free” photo contest.

Flood Recovery & Food Access: Martinsburg continues cleanup after Aug. 27 flooding, with debris collection and 30 days of waived building permit/inspection fees for flood repairs, while four flood-hit WV counties (Lewis, Pleasants, Ritchie, Upshur) can temporarily buy hot prepared food with SNAP through Sept. 26. Highway & Environmental Review: Citizens groups have filed a federal injunction to halt the final Corridor H segment from Wardensville to the Virginia line, arguing WVDOH/FHWA studies missed less invasive safety upgrades to the existing two-lane road. Water Protection: Gov. Morrisey says WVDEP and EPA Region 3 will remove hazardous materials from the former Belchers Cleaners site in Oceana to protect water resources. Wildlife & Conservation: WVDNR opened tickets for 2026 elk management tours in Logan County, and reports show restored elk are roaming farther as the herd grows. Community Health: Southern WV’s Out of the Darkness Walk for suicide prevention is set for Sept. 19 in Beckley. Air Pollution Policy Fight (National): A report says the Trump administration is unraveling a rule meant to cut toxic pollution from chemical plants.

Wildlife & Public Lands: West Virginia DNR says tickets are now available for 2026 Elk Management Tours in Logan County, with guided four-hour trips running weekends from Sept. 13 through Oct. 24; the state’s elk restoration program has introduced 119 elk to the Tomblin Wildlife Management Area since 2016. Wildlife Tracking: As the restored herd grows, tracking shows elk are roaming farther beyond their usual Tomblin range, including at least one animal moving north into Lincoln County before returning. Water Protection: Gov. Jim Morrisey announced WVDEP and EPA Region 3 will remove hazardous materials from the former Belchers Cleaners site in Oceana to protect West Virginia water resources, following a complaint-driven WVDEP inspection that found leaking dry-cleaning solvent containers and serious building disrepair. Air Quality & Courts: West Virginia’s Intermediate Court dismissed environmental groups’ challenges to Fundamental Data’s Tucker County data center permit, saying the court lacks jurisdiction under current environmental review statutes. Energy & Community Opposition: Residents in Putnam County are voicing concerns about a proposed Google data center campus, citing fears about air pollution and health impacts as local officials weigh the project. Climate & Data Tools: WVU researchers are using AI to speed up access to near-real-time ecosystem health data from monitoring sensors, aiming to help scientists respond faster to events like droughts and wildfires.

Water Protection in Oceana: Gov. Patrick Morrisey says WVDEP and EPA Region 3 will remove hazardous materials from the former Belchers Cleaners site, after an inspection found a partially collapsed roof, unsecured entryways, and leaking dry-cleaning chemicals—part of a broader push to address West Virginia water problems. Flood Aftermath & Safety: Residents are being urged to review flood safety steps, evacuate when told, avoid driving or walking through floodwater, and use mapwv.gov to check flood risk—especially as communities recover from recent heavy rain events. Ecosystem Monitoring Gets a Boost: WVU researchers are using AI to speed up access to near-real-time ecosystem health data from sensors, aiming to help scientists respond faster to droughts and wildfires. Data Center Fight in Tucker County: West Virginia’s Intermediate Court of Appeals dismissed environmental groups’ challenges to Fundamental Data’s Tucker County data center permit, saying the court lacks jurisdiction under current environmental review statutes. Air Pollution Legal Battle: Kentucky, co-leading a 25-state coalition with WV, asked the U.S. Supreme Court to review an EPA soot rule tightening yearly limits, arguing the agency exceeded its authority and didn’t properly weigh costs. Local Water Quality Snapshot: A study ranks Columbia, among college towns, mid-tier for drinking water—flagging lead concerns while reporting no PFAS detections in the measured categories. Weather Watch: Southern West Virginia is forecast to stay mostly dry into midweek, with heat returning and only a modest rain chance later in the week.

Water protection in Oceana: Gov. Jim Morrisey says WVDEP, with EPA Region 3, will start removing hazardous materials from the abandoned Belchers Cleaners site after inspections found a partially collapsed roof, unsecured entryways, and leaking dry-cleaning solvents—part of a broader push that follows new state water funding. Flood impacts in Martinsburg: After a storm dumped heavy rain and triggered flash flooding, Martinsburg officials and residents reported widespread water intrusion, road and school disruptions, and ongoing cleanup as the city assessed damage. Ecosystem monitoring with AI: WVU researchers are using AI to speed up access to near-real-time ecosystem health data from monitoring sensors, aiming to help scientists respond faster to events like droughts and wildfires. Data center fight in Tucker County: West Virginia’s Intermediate Court dismissed environmental groups’ challenges to Fundamental Data’s Tucker County permit, saying it lacked jurisdiction under current environmental review statutes. Southern WV weather outlook: A mostly dry stretch is expected Monday through Wednesday, with heat returning and rain chances more likely later in the week—so organizers and fans are being urged to plan for possible showers. Water quality spotlight in college towns: A study ranks Columbia, among other college communities, with a mid-tier overall score—flagging lead concerns while noting no PFAS detections in the measured categories. Local reuse planning in Alderson: Alderson officials shared progress on a Strategic Reuse Plan for the Opportunity Center property, outlining phased upgrades that include community spaces and future outdoor features. Fall season arrives hot: Meteorologists say meteorological fall begins Tuesday with temperatures near the mid-90s across much of West Virginia. Wildlife event: The Mountain State Forest Festival is hosting a sanctioned National Wildlife Turkey Calling Contest in Belington.

Supreme Court Fight Over Air Pollution: Kentucky and West Virginia AGs asked the U.S. Supreme Court to review an EPA rule tightening soot limits, arguing the agency lacked authority and didn’t properly weigh costs after a federal appeals court upheld it. Data Center Pushback in WV: West Virginia’s Intermediate Court dismissed environmental groups’ challenges to Fundamental Data’s Tucker County permit, saying it lacked jurisdiction under current review statutes—while residents elsewhere in the region keep raising health and pollution concerns about proposed data centers. Flash Flood Fallout in Martinsburg: A fast, intense storm dumped about 5.5 inches of rain in under an hour, triggering flash flooding, damaged vehicles, flooded basements, and school closures, with officials calling it a “thousand-year” event. Hazardous Cleanup in Oceana: Gov. Morrisey announced WVDEP and EPA contractors will remove leaking hazardous materials from the abandoned Belchers Cleaners site, starting containment and cleanup after inspectors found unsecured containers and a deteriorating structure. Local Climate Tech at WVU: WVU researchers are using AI to speed up access to ecosystem monitoring data, aiming to help scientists respond faster to events like droughts and wildfires. Wildlife & Community Outdoors: The Mountain State Forest Festival is hosting a sanctioned National Wildlife Turkey Calling Contest in Belington, with free registration and cash prizes.

Flood Aftermath in Martinsburg: A Thursday storm dumped up to 5.5 inches of rain in about an hour, triggering flash flooding, road closures, and widespread basement damage; city leaders called it a “thousand-year” event as officials worked through cleanup and debris removal. Water Protection in Oceana: Gov. Patrick Morrisey says WVDEP and EPA Region 3 will begin removing hazardous materials from the abandoned Belchers Cleaners site, after inspectors found leaking solvents and unsafe conditions. Legal Limits on Tucker County Data Center: West Virginia’s Intermediate Court dismissed environmental groups’ challenges to Fundamental Data’s Tucker County permit, saying the court lacked jurisdiction under current review statutes. Energy/Environment in the Courts: Kentucky and West Virginia joined industry groups asking the U.S. Supreme Court to revisit a D.C. Circuit decision upholding tighter nationwide soot pollution limits. Habitat Restoration: WV DNR and WVDEP announced plans to restore Turkey Run Lake into a free-flowing stream and wetland complex, with work aimed to improve safety and habitat. Tech for Ecosystem Monitoring: WVU researchers say AI is helping scientists get near-real-time ecosystem health data from monitoring sensors, speeding responses to droughts and wildfires. Fall Weather Reality Check: Meteorological fall begins Tuesday with unusually warm temperatures across West Virginia, including mid-90s in Charleston.

Flood Recovery in Martinsburg: A fast-moving storm dumped up to 5.5 inches of rain in about an hour, triggering flash flooding that damaged vehicles, flooded basements, and closed roads and schools in Berkeley County. Local Storm Impact: Martinsburg officials called it a “thousand-year” rain event as crews worked through the night and Friday, with at least Martinsburg High School closed due to water intrusion. Hazardous Materials Cleanup: West Virginia DEP, with EPA Region 3, is set to remove hazardous materials from the former Belchers Cleaners site in Oceana. Mine Fire Landslide Fallout: A White Hall family says a decades-old underground mine fire has destabilized their hillside, accelerating into a rapidly growing slide that has left their home effectively inaccessible. Stream Restoration Plan: WVDNR and WVDEP announced restoration of Turkey Run Lake in Jackson County, aiming to return it to a free-flowing stream and wetland complex by 2027. Greenbrier Ownership Update: The WV Lottery Commission approved a refinancing and ownership/control change for the Greenbrier, drawing political back-and-forth between Justice and Morrisey. Infrastructure Delays: WVDOH work is scheduled to bring traffic delays on Brushy Fork Road in Harrison County, with one-lane two-way traffic and flaggers.

Flooding & Storm Impacts: A fast-moving storm hit Martinsburg late Thursday, flooding streets and backing up traffic; Berkeley County schools reported water intrusion issues, closing Martinsburg High School Friday and shutting Eastbrook Elementary in Putnam County due to utility problems. Mine Safety & Land Stability: A Marion County family in White Hall says a decades-old underground mine fire is triggering a rapidly accelerating landslide that’s making their home inaccessible. Waterway Restoration: WV DNR and WVDEP announced plans to drain and restore Turkey Run Lake in Jackson County, removing an aging dam to return a free-flowing stream and wetlands, with work expected through 2027. Wildlife & Public Lands: Tickets are now available for 2026 WV elk management tours in Logan County, offering early-morning and evening guided trips tied to the elk restoration program. Legal/Permitting: WV’s Intermediate Court dismissed environmental groups’ challenges to Fundamental Data’s Tucker County data center permit, saying it lacked jurisdiction under current review statutes. Road & Bridge Disruptions: US 50 sees rolling roadblocks in Kanawha County for bridge work, while Morgan and Wirt counties face scheduled bridge inspections and closures. Food Safety: The FDA says a cyclospora outbreak linked to recalled iceberg lettuce has spread to 20 states.

Wildlife & Public Lands: West Virginia DNR opened ticket sales for 2026 Elk Management Tours in Logan County, with guided four-hour trips (up to 2–3 miles of walking) running weekends Sept. 13 through Oct. 24 from Chief Logan State Park. River Cleanup: WVDEP is recruiting volunteers for the Kanawha River Cleanup on Sept. 12 (9 a.m.–noon), with bags, gloves, and pickup provided across Fayette, Kanawha, Putnam, and Mason counties. Severe Weather Watch: The National Weather Service warns of strong to severe thunderstorms in West Virginia Thursday afternoon/evening and again Friday, with damaging winds, hail, and heavy rain that could trigger localized flash flooding. Data Centers & Air Permits: West Virginia’s Intermediate Court of Appeals dismissed two Tucker County challenges to a proposed Ridgeline gas-and-diesel power/data center project, citing jurisdiction limits, stalling opponents’ fight over the air-quality permit. Meta Settlement: West Virginia is set to receive up to $114 million from a $17.1 billion Meta consumer-protection settlement tied to alleged addictive features targeting youth, with changes expected if approved by a judge. Infrastructure Disruptions: Expect bridge-work delays in Wirt County (WV 14 Tuckers Creek Bridge inspection) and Morgan County (Pallet Factory Bridge beam placement Aug. 28), plus a rolling roadblock on US 50 in Charleston-area work zones.

Data Center Power & Courts: West Virginia’s Intermediate Court of Appeals dismissed two Tucker County challenges to air-quality permits tied to Fundamental Data’s Ridgeline gas-and-power project, saying it lacked jurisdiction and that one dispute was moot after a final permit was issued. Social Media & Youth Safety: West Virginia is set to receive more than $114 million from a landmark $16.7 billion Meta settlement with state attorneys general over alleged addictive design and youth mental harms; the deal also requires child-safety changes on Facebook and Instagram. Outdoor Recreation: The Gauley River’s six-week whitewater season is set to begin Sept. 11 with 22 scheduled Summersville Dam release days, including Gauley Fest, as unusually wet conditions may affect runs. Road & Construction Impacts: WVDOH announced rolling roadblocks and night paving/steel work affecting US 50 and I-79/I-68 ramps, with alternate routes and weather-dependent schedules. Local Food & Health: An ARH event in Beckley promoted “food as medicine” with locally grown produce for residents.

Severe Storm Aftermath: Yeager Airport is assessing lightning damage after August 16 storms brought electrical activity and water issues, including “ramp freeze” delays for safety. Energy & Jobs: Pleasants Power Station’s future is in limbo as Omnis-linked bankruptcy fights play out over a $50.9 million state loan tied to an unproven hydrogen conversion. Big Tech & Youth Safety: Gov. Morrisey and AGs tout a landmark $16.7B Meta settlement over alleged addictive design targeting youth, with sweeping Instagram/Facebook reforms. Grid & Water Concerns: Morgantown’s Morgan’s Run Water Project heads to final council approval to replace failing wells for Cheat Lake homes, while Putnam County residents push back on a data center over water and environmental worries. Flood Resilience: Upshur County urges residents to report stream debris blockages after severe flooding, warning that clogged waterways can worsen hazards. Wildlife & Outdoor News: West Virginia anglers set a new pumpkinseed sunfish state record, and Stonewall Resort rolls out a wildlife-focused Mosaic Cruiser on Jackson Lake. Local Safety: Hinton continues demolishing dilapidated properties using DEP-funded cleanup to reduce risks to residents.

Severe Weather Response: Gov. Patrick Morrisey declared a new state of emergency for Tucker County and the remaining 54 counties after rounds of storms brought heavy rain, flash flooding, mudslides, damaging winds and rescues; the order covers all 55 counties for 30 days to speed response and recovery. Transmission Line Fight: The Tygart Valley Conservation District joined local opposition to the Valley North Transmission Line Project, citing threats to farmlands, forests, rivers and wetlands, plus impacts to wildlife and ratepayers—while noting data-center electricity demand as a key driver. Data Center Pushback: In Putnam County, residents’ group Putnam United urged commissioners to demand more community input and transparency for a proposed data center, raising environmental and water concerns and pointing to past spill impacts. Local Cleanup & Safety: Hinton continues demolishing dangerous, dilapidated structures under a DEP-funded program aimed at reducing hazards and restoring neighborhood space. Wildlife & Outdoor News: West Virginia anglers set a new state record for pumpkinseed sunfish, and Stonewall Resort is rolling out fall cruises on Stonewall Jackson Lake with wildlife viewing. Public Health Funding: Morrisey announced up to $2 million to expand home dialysis access statewide, targeting rural and underserved communities. Accountability on Climate Claims: Sixteen state AGs, including West Virginia’s, called out the “Big Four” accounting firms over climate/ESG-focused disclosures that they say could raise costs for consumers.

Federal Land Policy: The Trump administration is moving to rescind the 2001 Roadless Area Conservation Rule, which blocks roads, logging, and mining on about 30% of U.S. Forest Service lands, with a draft environmental impact statement posted and public comments due Sept. 21. West Virginia Power Fight: West Virginia’s PSC Consumer Advocate Division backs a pause on NextEra’s MidAtlantic Resiliency Link (MARL) application, while PSC staff argues the case should be tolled or dismissed over project changes, due-process concerns for newly affected landowners, and uncertainty tied to federal grid rules. Climate-Disclosure Backlash: West Virginia AG Marty Jackley joins a 16-state coalition warning the “Big Four” accounting firms about climate-related financial activism and possible consumer-protection and audit-independence issues. Ecosystem Monitoring: WVU researchers are using AI to speed up processing of forest “breathing” data from flux towers, aiming to help scientists respond faster to drought and wildfire. Invasive Species Watch: A single Joro spider sighting has been reported in Oklahoma, highlighting the need to monitor invasive arrivals. Local Outdoor News: WV DNR reports a new record pumpkinseed sunfish caught in Cheat Lake.

Ecosystem Monitoring in WV: WVU researchers are using AI to speed up analysis of “forest breathing” data from flux towers, aiming to turn months of processing into near real-time insights so scientists can respond faster to droughts and wildfires. Power-Line Fight: West Virginia Energy Users Group backs a pause/dismissal request for the Mid-Atlantic Resiliency Link (MARL) after proposed route changes came late, potentially leaving some affected residents without enough time to respond. Transmission Line Opposition: Documentary filmmaker Ken Burns joins the campaign against the Valley Link transmission line, warning it would cut through parts of West Virginia and harm historic communities. Wildlife & Fishing: A Morgantown angler set a new West Virginia record for pumpkinseed sunfish after catching a 9.76-inch fish in Cheat Lake. Climate Disclosure Legal Push: West Virginia is among a coalition of states challenging the “Big Four” accounting firms over climate-related financial reporting, arguing it could raise costs for small businesses and consumers. Fall Planning: West Virginia’s fall foliage prediction map is back, with weekly updates during the season.

Climate Accountability: West Virginia’s neighbors are pushing back on “Big 4” accounting firms’ climate-related financial reporting, with Iowa AG Brenna Bird joining a 16-state coalition alleging the firms’ activism could violate duties of integrity and objectivity while raising costs for small businesses and consumers. Energy & Infrastructure: A Lake to River pipeline feasibility study says a “Lake to River” natural gas line could reshape regional economic development, but officials stress it’s an early planning step. Data Centers & Power/Water: Kentucky AG Russell Coleman says a proposed eastern Kentucky data center could help offset costs for a new cooling tower tied to a West Virginia coal plant, while regulators weigh impacts on utility customers. Carbon Capture Investment: Mantel secured an $18 million investment to scale commercial carbon capture for heavy industry, pitching modular deployment to cut capital and integration headaches. Rare Earths: ReElement is expanding its commercial operations team as its Marion, Indiana rare-earth refining campus advances toward multi-element production. West Virginia Flooding Context: Flash-flood footage from the Charleston area highlights how repeated storms and extreme rainfall rates can quickly turn dangerous, even when warnings come late.