State Supreme Court asked to table Project Jupiter air quality permit process

An advocacy group, New Energy Economy, has filed an emergency writ with the New Mexico Supreme Court, urging the court to halt the air quality permit proceedings for Project Jupiter, a significant data center development. The group claims "trial by ambush," citing alleged due process violations stemming from repeated reversals by New Mexico Environment Department hearing officer Max Shepherd, particularly concerning discovery. Opponents sought information on Bloom Energy's capacity to produce fuel cells for the data center at an unprecedented scale, emissions data, and alternative energy sources, especially since the proposed gas pipeline has been rejected twice by State Land Commissioner Stephanie Garcia Richard.

New Energy Economy clarifies that its request to the Supreme Court is not to judge the air quality permit itself, but to ensure the proceedings comply with fundamental principles of due process before continuing. The group criticized the expedited hearing schedule, which was moved from October to September 14, following a meeting between Oracle officials, a key company behind Project Jupiter, and Governor Michelle Lujan Grisham. Mariel Nanasi, executive director and attorney for New Energy Economy, along with Senator Carrie Hamblen, D-Las Cruces, have expressed grave concerns about transparency, the denial of discovery, and the perception that the process may be influenced by the governor's economic development agenda over fair procedure. They highlight the issue of the thousands-of-pages administrative record not being made available until the day expert testimony was due, hindering preparation.