NM Supreme Court lifts stay on Project Jupiter permit
The New Mexico Supreme Court unanimously lifted a stay on Project Jupiter's air quality permit, denying a petition filed by the environmental group New Energy Economy. This decision allows the permit hearing process to resume, which had been halted due to the group's challenge against the proposed 2.46 GW AI data center.
The New Mexico Supreme Court has unanimously lifted a stay on the air quality permit for Project Jupiter, an AI data center development. The court denied a petition filed by the environmental advocacy group, New Energy Economy, which had challenged the required permitting process.
The project, developed by Yucca Growth Infrastructure and associated with STACK Infrastructure, involves a massive 2.46 GW microgrid powered by Bloom Energy Fuel cells. In August, the Supreme Court had granted a stay on the permit after New Energy Economy argued that the proceedings were biased against public participation and sought a fair opportunity to review evidence and present their case.
Mariel Nanasi, Executive Director and Senior Attorney for New Energy Economy, expressed disappointment with the decision, stating their belief that the rules of the proceeding were "stacked against meaningful public participation." The original hearing officer, Max Shepard, had recused himself after petitions from the New Mexico Environmental Law Center and the Center for Biological Diversity alleged bias towards Yucca Growth Infrastructure.
The New Mexico Environment Department (NMED) has not yet appointed a new hearing officer or set a new hearing date, indicating the permitting process will continue.