Project Jupiter critics call foul over hearing officer's discovery denial
A hearing officer for the New Mexico Environment Department denied discovery in Project Jupiter's air quality permit case, a reversal that critics argue favors the developer, Yucca Growth Infrastructure. Opposition groups, including the Center for Biological Diversity and New Energy Economy, expressed dissatisfaction, citing a lack of transparency and due process in the administrative hearing process. The hearing officer also denied a motion by New Energy Economy to dismiss the application due to an unauthorized natural gas pipeline.
Max Shepherd, the New Mexico Environment Department's air quality permit hearing officer, denied discovery in the Project Jupiter permit case, a decision that has drawn sharp criticism from conservation groups. Shepherd's reversal on allowing discovery, after initially stating it would be permitted, was attributed to further research into the specific rules governing air quality permit proceedings.
Project Jupiter is a massive data center proposed by Yucca Growth Infrastructure in Santa Teresa, New Mexico. Opposing groups, including the Center for Biological Diversity’s Climate Law Institute and New Energy Economy, voiced concerns over a perceived lack of transparency and due process. They point to the hearing date being moved at the developers' request and Shepherd's repeated decisions favoring the applicant, including the denial of a motion to toss the application over an unauthorized natural gas pipeline crucial for the data center's fuel supply.
Attorneys for Yucca Growth Infrastructure defended the revised order, stating it aligns with New Mexico's statutes and procedural rules for air quality permits. They noted that direct testimony would be publicly available, and witnesses would be subject to cross-examination at the September 14 hearing in Sunland Park. However, critics argue that without discovery, their ability to conduct meaningful cross-examination is severely hampered, putting them at an immense disadvantage as they prepare testimony without full access to the administrative record.