Project Jupiter hearing officer recuses after groups allege bias
A hearing officer overseeing the air-quality permit for Project Jupiter, a data center development in Las Cruces, New Mexico, has recused himself following allegations of bias from environmental groups. This development comes after the New Mexico Supreme Court separately stayed the air-permit proceeding and a water drilling authorization, while also considering a legal challenge from another environmental group. Separately, litigation continues over $165 billion in industrial revenue bonds authorized by the Doña Ana County Commission for Project Jupiter.
Max Shepherd, the hearing officer for Project Jupiter's air-quality permit, has recused himself amid allegations of bias by environmental groups. This decision was made after the New Mexico Environmental Law Center and the Center for Biological Diversity filed an emergency motion to disqualify Shepherd, citing a pattern of rulings that they claimed favored the developer, Yucca Growth Infrastructure LLC, and the New Mexico Environment Department.
Shepherd's recusal occurred one day after the New Mexico Supreme Court independently issued a stay on the air-permit proceeding, pending consideration of a separate legal challenge initiated by New Energy Economy. The Supreme Court also halted an emergency drilling authorization related to water use for Project Jupiter's construction. Additionally, a separate lawsuit regarding $165 billion in industrial revenue bonds, authorized by the Doña Ana County Commission for Project Jupiter, is scheduled for a hearing in the Third Judicial District Court.
Environmental groups had challenged Shepherd's procedural decisions, including an accelerated hearing schedule and the withdrawal of an order concerning the project's natural gas supply. Maslyn Locke, a senior staff attorney for the New Mexico Environmental Law Center, stated that Shepherd's recusal was "the right thing" and expressed hope for resident involvement in selecting a replacement hearing officer if the proceedings resume.