New Mexico Supreme Court lifts stays on Project Jupiter, dealing setback to opponents

The New Mexico Supreme Court issued a unanimous ruling on Thursday, lifting stays that had paused an air quality permit application and blocked water pumping for Project Jupiter, a hyperscale data center under construction in Doña Ana County. This decision represents a significant setback for environmental groups, specifically New Energy Economy and the Center for Biological Diversity, who had challenged the project's procedural defects, lack of an established fuel source, and emergency water well authorization.

The court denied a petition from New Energy Economy contesting a New Mexico Environment Department air quality permit proceeding, which is crucial for the data center's 2.45-gigawatt methane-powered fuel cell system by Bloom Energy. Separately, it denied a petition from the Center for Biological Diversity challenging the State Engineer’s Office's emergency authorization for a water well in Santa Teresa, which supplies water for the Oracle and OpenAI project.

Despite the judicial outcome, opposition to Project Jupiter continues. State Senator Carrie Hamblen, whose district encompasses the project site, expressed disappointment and is working on a proposal for a statewide moratorium on data center development in the upcoming legislative session, citing ongoing concerns about land, air, and water impacts. Environmental groups, including New Energy Economy, also vowed to continue their fight for public participation and environmental oversight.