Group asks state Supreme Court to table Project Jupiter air quality permit process
New Energy Economy filed an emergency writ with the New Mexico Supreme Court, seeking to halt Project Jupiter's air quality permit proceedings. The group alleges due process violations, including denial of discovery and an expedited hearing schedule, which they contend constitutes a "trial by ambush."
New Energy Economy, an advocacy group, has filed an emergency writ with the Mexico Supreme Court, urging the court to halt the air quality permit proceedings for Project Jupiter, a large data center development. The group alleges "trial by ambush" due to alleged due process violations by New Mexico Environment Department hearing officer Max Shepherd, including reversals on discovery and an accelerated hearing schedule.
The writ, filed Wednesday, seeks to ensure compliance with fundamental principles of due process rather than a judgment on the permit itself. New Energy Economy cited Shepherd's denial of discovery, which prevented opponents from probing developers Yucca Growth Infrastructure and their fuel cell supplier Bloom Energy on technology scalability and emissions. Concerns were also raised about the proposed gas pipeline, which has been rejected twice by State Land Commissioner Stephanie Garcia Richard.
Critics, including New Energy Economy Executive Director Mariel Nanasi and Sen. Carrie Hamblen, D-Las Cruces, express apprehension over the expedited hearing and lack of transparency. Nanasi described the process as "turned upside down," highlighting the difficulty for experts to prepare testimony without full access to the administrative record. The expedited timeline, following a meeting between Oracle officials and Governor Michelle Lujan Grisham, has led to speculation that the process is skewed towards the governor's economic development agenda, raising further concerns among legislators.