Project Jupiter construction continues despite permitting pauses
Construction for Oracle's Project Jupiter data center continues in Doña Ana County, New Mexico, despite a state Supreme Court order pausing two key permitting proceedings. The court's decision, prompted by environmental groups, specifically halted permits related to water use and an air quality permit for a natural gas fuel cell system. Oracle asserts that work on buildings not requiring these specific permits can proceed, with the project currently 26% complete.
Construction for Oracle's Project Jupiter data center, a large and controversial development near Santa Teresa in Southern New Mexico, is continuing despite a New Mexico Supreme Court order in late August that paused two crucial permitting proceedings. The court's decision responded to petitions from environmental groups that cited a lack of due process, leading to the halt of a water use permit and an air quality permit for a proposed natural gas fuel cell system intended to power the facility.
Mahesh Thiagarajan, vice president of Oracle Cloud Infrastructure, informed the Doña Ana County Commission that the project is 26% complete. Oracle maintains that the court order does not affect Doña Ana County construction permits for buildings that do not require the contested air quality permits, allowing work on those structures to advance. Oracle spokesperson Julia Allyn Fishel stated the company is collaborating with state and local officials to deliver a "responsible data center" promising significant investment and job opportunities.
However, State Senator Joseph Cervantes, D-Las Cruces, criticized the ongoing construction, likening it to building without legal authority. Drew Goretzka, spokesperson for the New Mexico Environment Department (NMED), clarified that while state code prohibits construction prior to air quality permit issuance, this applies only to the specific equipment requiring such a permit, in this case, the microgrid belonging to Yucca Growth Infrastructure, LLC. Preparatory site work like earth clearing and leveling is permitted while an application is pending.
Beyond the air quality permit for the microgrid, which is 10% complete on an adjacent site, the data center also lacks authorization from the New Mexico State Land Office for a natural gas pipeline to cross state trust land. The NMED has emphasized its commitment to enforcing New Mexico’s existing requirements, which prohibit construction of emissions equipment before the necessary air quality permit is issued.