Project Jupiter critics call foul over hearing officer’s discovery denial
A hearing officer for Project Jupiter's air quality permit application in Santa Teresa, New Mexico, denied discovery for critics, reversing an earlier decision. This move has angered conservation groups who oppose the data center, citing a lack of transparency and an unfair process. The hearing officer defended his decision based on specific rules for air quality permit proceedings.
Max Shepherd, the New Mexico Environment Department air quality permit hearing officer, denied discovery in the air quality permit case for Project Jupiter, a large data center proposed in Santa Teresa, New Mexico. This decision, which reverses Shepherd's previous stance allowing discovery, was made after he adopted language from the applicants, Yucca Growth Infrastructure, and cited a re-evaluation of the specific procedural rules governing air quality permits.
Environmental and conservation groups, including the Center for Biological Diversity's Climate Law Institute and New Energy Economy, strongly criticized the reversal, calling the process a "sham hearing" and accusing it of lacking transparency. They noted this is the third time Shepherd has reversed a decision, each time in favor of the applicant, and raised concerns about being denied due process and access to technical facts necessary for meaningful cross-examination. Mariel Nanasi, executive director of New Energy Economy, highlighted that their earlier discovery efforts aimed to probe Bloom Energy's capacity to produce fuel cells at the required scale.
Jennifer Bradfute, counsel for Yucca Growth Infrastructure, stated that the revised order aligns with New Mexico's statutes and procedural rules for air quality permits and assured that direct testimony will be publicly available and subject to cross-examination at the September 14 hearing in Sunland Park. The hearing date itself was also moved up at the developers' request to meet the Environment Department's permit issuance deadline.