“When one door closes, another opens.”
While it is true that the judge for the Digital Gateway Demurrer hearing this week ruled against allowing the plaintiffs’ lawsuit to move forward to a local circuit court trial in Prince Willam County, the twist is that this judge AGREED WITH THE PLAINTIFFS’ ARGUMENT!
Digital Gateway lawsuit dismissed in Prince William court | Headlines | insidenova.com
“The basis for Judge Hudson’s ruling revolved around a provision in Virginia state law known as the safe harbor, or savings, provision, which pertains to advertisements of public hearings by local jurisdictions for pending development projects. Per Petersen’s principal argument, Hudson acknowledged that in December 2023, the board failed to adhere to its own county ordinance in publishing a Digital Gateway advertisement in The Washington Post.”
We always anticipated, for a multitude of reasons, that this case would end up in the Court of Appeals. So, the case is simply moving past Prince William County courts; and this judge’s decision has moved the case to that stage sooner than we anticipated. We believe the legal challenge can and will be viewed very differently by a new set of judges.
Elena Schlossberg, executive director of the nonprofit Coalition to Protect Prince William County, took Thursday’s setback in stride. She said they’ll appeal the decision.
“Having had a moment to reflect, I want to say thank you, because now we can skip right to the Court of Appeals,” Schlossberg told InsideNoVa. “We don’t have to waste any money on a long, drawn-out trial, which in Prince William County would have been unlikely to prevail. So now we get to just go right to the Court of Appeals like we had planned all along.”
Judge dismisses lawsuit challenging Digital Gateway | News | princewilliamtimes.com
Chap Peters(e)n, the attorney for the plaintiffs, vowed to appeal Hudson’s decision.
“I’m disappointed we lost today. But this is the beginning of a process,” Peters(e)n said. “We’re going to go up to the court of appeals. This is one judge who made a decision on what the law was. … We’ll find three judges who may have a different opinion.”
We want to thank all the residents who attended the hearing to support the Plaintiffs.
Please stay tuned for upcoming announcements on the continuing fight for justice.
More important news!
“In Oregon, electric utilities are warning regulators that consumers need protections from rising rates caused by data centers. From Virginia to Ohio and South Carolina, companies are battling over the extent of their responsibility for increases, attempting to fend off anger from customers. In the Mid-Atlantic, the regional power grid’s energy costs shot up dramatically, and data centers are cited as among root causes of rate increases of up to 20 percent expected in 2025.”
“A lot of governors and local political leaders who wanted economic growth and vitality from these data centers are now realizing it can come at a cost of increased consumer bills,” said Neil Chatterjee, former chair of the Federal Energy Regulatory Commission.”
“But the Virginia State Corporation Commission warned in a recent advisory that demand for power from data centers is “creating issues and risks for electric utilities and their customers that have not heretofore been encountered.” The commission, which regulates utilities, will meet Friday to examine potential ratepayer protections.”
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DON’T FORGET TO SEND YOUR OWN LETTER BY TOMORROW:
-> Included here is a form letter to the NTIA (National Telecommunications and Information Administration) regarding future federal investments into infrastructure to support the continued data center boom in our area and beyond. This letter is set up and available for you to submit your concerns. Feel free to personalize your message.
Tell the White House we don’t want or need any more subsidies for data centers that are destroying our communities and thwarting climate progress.
Comments are due by Nov. 4 so you need to act fast if you want your voice to be heard!
Form letter is available here: http://dirtydatacenters.com/
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