NM Supreme Court denies request from Project Jupiter developers to lift air quality permit stay
The New Mexico Supreme Court denied Yucca Growth Infrastructure's request to lift a stay on their air quality permit for Project Jupiter, following a challenge from environmental groups. This decision means the permit hearing remains paused as a new hearing officer is appointed. Environmental advocates hailed the ruling as a victory for due process.
The New Mexico Supreme Court has denied a request from Yucca Growth Infrastructure (YGI), developers of Project Jupiter, to lift a stay on the air-quality permit required for their massive data center campus. The unanimous decision by the justices means the permit hearing, which was paused by the high court last week, will remain on hold.
YGI had sought to temporarily lift the stay to meet deadlines and complete pre-hearing filings before a scheduled September 14 hearing. The initial stay was issued after the energy advocacy group New Energy Economy filed a petition challenging the New Mexico Environment Department's (NMED) decision to fast-track the permit process.
The controversy also involved the recusal of former hearing officer Max Shepard, following a joint motion to disqualify him by the New Mexico Environmental Law Center (NMELC) and the Center for Biological Diversity (CBD). These groups claimed NMED had shown a strong desire to approve YGI's application and that Shepard appeared biased. Shepard stepped down the night before the permit was paused, and a new officer is yet to be named.
Mariel Nanasi, Executive Director and Senior Attorney for New Energy Economy, praised the court's decision, calling it "an important victory for due process, science, and the people of New Mexico." The final decision on Project Jupiter's air quality permit is anticipated by November 23rd.