Project Jupiter: A Current Controversy on Pause
The New Mexico Supreme Court has paused permit hearings for Project Jupiter, a data center development, regarding water use and air quality. This decision came after petitions from environmental groups and due to concerns over regulatory compliance and a biased hearing officer. The project faces multiple lawsuits and ongoing community opposition.
Project Jupiter, a data center development in Santa Teresa, Doña Ana County, New Mexico, faces significant legal and environmental hurdles, prompting the New Mexico Supreme Court to pause proceedings concerning water use and air quality permit hearings. The initial hearing, slated for September 14, was delayed following a petition from New Energy Economy, a Santa Fe-based organization, which argued the timeline was too early given that some equipment for the project had not met regulatory standards. The Supreme Court has now set November 23 as the final decision date for air quality permits, irrespective of a hearing.
The controversy intensified with the self-appointed recusal of Max Shepherd, the original hearing officer for permit decisions, after complaints alleging bias and denial of due process. Mariel Nanasi, Executive Director for New Energy Economy, criticized Yucca Growth Infrastructure, a developer involved, for pursuing construction without all critical governmental approvals. The project, proposed for 1400 acres, secured $165 billion in industrial revenue bonds from the Doña Ana County Board of Commissioners, intended to create numerous jobs.
However, this approval ignited further legal challenges. Community member Derrick Pacheco filed a lawsuit against county officials, claiming bonds were issued before a county vote on zoning, although this case was dismissed twice due to lack of representation. The New Mexico Environmental Law Center (NMELC) also filed two lawsuits against the Doña Ana County Board of Commissioners, citing incomplete applications and an Open Meetings Act violation. Public opposition remains high, with protests, including some leading to arrests, in both Santa Fe and Doña Ana County over environmental and procedural concerns.