Judge denies Dona Ana County bid to dismiss Project Jupiter open meetings lawsuit

Judge denies Dona Ana County bid to dismiss Project Jupiter open meetings lawsuit

News ClipKFOX·Santa Teresa, Dona Ana County, NM·3/21/2026

A judge denied Dona Ana County's request to dismiss a lawsuit filed by the New Mexico Environmental Law Center concerning Project Jupiter. The lawsuit alleges violations of the New Mexico Open Meetings Act and that the county approved incentives based on incomplete information regarding environmental impacts. Project Jupiter, an AI data center, is also seeking air quality permits for microgrid facilities.

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Gov: Dona Ana County Board of Commissioners, New Mexico Environmental Law Center
A judge recently denied a motion by the Dona Ana County Board of Commissioners to dismiss a lawsuit filed by the New Mexico Environmental Law Center (NMELC) concerning 'Project Jupiter.' This marks the second lawsuit filed last month against the county, both alleging violations of the New Mexico Open Meetings Act. Judge Jennifer DeLaney's decision means the lawsuit will proceed. The NMELC argues that county commissioners approved billions in incentives for Project Jupiter based on an incomplete application from developers. According to NMELC Staff Attorney Kacey Hovden, the application provided details on project benefits but lacked crucial information on potential impacts, including soil analysis, water use, air quality, and property values. The NMELC contends these incentives should be reviewed and potentially voided. Following the hearing, Hovden expressed gratitude, highlighting the court's decision to grant Sunland Park and Santa Teresa community members an opportunity to hold their local government accountable. The county is now required to provide the full administrative record for court review, after which both sides will present arguments on whether county leaders followed legal protocols in approving the incentives. Concurrently, Project Jupiter, identified as an AI data center and a key component of the 'Stargate' national pipeline initiative, is seeking air-quality permits for an on-site microgrid. New permit applications indicate two separate facilities are planned, raising questions about emissions regulation. The broader Stargate initiative, announced by former President Trump and involving tech giants like OpenAI, Oracle, and and SoftBank, includes a $500 billion investment nationwide. While Project Jupiter's $165 billion investment is anticipated to create jobs and investment in Southern New Mexico, it continues to face community concerns regarding water usage, energy demands, and overall impact.