New Mexico Project Jupiter Air Permit Dispute Taken to State Supreme Court
Clean energy advocate New Energy Economy has filed an emergency writ with the New Mexico Supreme Court to halt an air quality permit hearing for Project Jupiter, a data center planned for Oracle and OpenAI in Doña Ana County. Opponents argue the hearing is unfair and that the project lacks a secure natural gas source due to pipeline hurdles. Separately, New Mexico lawmakers are planning to introduce a statewide moratorium on data center development.
The article details an ongoing legal battle concerning Project Jupiter, a large data center complex under construction in Doña Ana County, New Mexico, planned for Oracle and OpenAI. Clean energy advocate New Energy Economy (NEE) has filed an emergency writ with the New Mexico Supreme Court, seeking to halt a scheduled air quality permit hearing. NEE argues that the New Mexico Environment Department's (NMED) hearing process, overseen by examiner Max Shepherd, has denied opponents due process, particularly regarding access to technical evidence and preparation time.
The dispute centers on a permit application by Yucca Growth Infrastructure for methane-powered fuel cell technology, which NEE claims would result in significant carbon dioxide emissions. Further complicating the project is the uncertain status of a natural gas pipeline, the "Green Chili Lateral" proposed by Energy Transfer, intended to supply Project Jupiter. The New Mexico State Land Office has twice rejected a key lease, and the route through federal lands faces contested proceedings before the Federal Energy Regulatory Commission, casting doubt on the data center's fuel source.
In a broader development, New Mexico lawmakers, including State Rep. Micaela Lara Cadena and State Sen. Carrie Hamblen, are preparing to introduce a statewide moratorium on data center development in the upcoming legislative session. They express concerns about the environmental impact and the current administration's decisions regarding such projects, highlighting a growing division among state Democrats on economic development versus environmental protection.