NM Attorney General backs petitions challenging Project Jupiter

News ClipLas Cruces Sun-News·Santa Teresa, Doña Ana County, NM·9/5/2026

The New Mexico Attorney General has filed motions in support of emergency petitions from two environmental groups challenging permits for Project Jupiter, an Oracle- and OpenAI-backed data center. The New Mexico Supreme Court previously granted stays on an air quality permit hearing and approval of water well drilling for the project. The Attorney General argues that state agencies failed to follow due process, especially regarding the emergency authorization for water extraction.

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Gov: New Mexico Attorney General, New Mexico Supreme Court, New Mexico Office of the State Engineer, New Mexico Environment Department

The New Mexico Attorney General, Raúl Torrez, filed motions on September 2 in support of emergency petitions from two environmental groups challenging permits related to Project Jupiter. This initiative is an artificial intelligence data center campus, backed by Oracle and OpenAI, under construction at the Santa Teresa Industrial Park, with Yucca Growth Infrastructure as one of the developers.

The New Mexico Supreme Court had previously issued two unanimous orders on August 23, granting requests from New Energy Economy and the Center for Biological Diversity for emergency stays. These stays postponed a scheduled September 14 public hearing concerning Yucca Growth Infrastructure's air quality permit application and challenged the state’s approval of well drilling by Santa Teresa Capital for water use at the construction site, which had been authorized as an emergency in October 2025.

Attorney General Torrez emphasized that "the same rules must apply to everyone," regardless of their power or political influence, stating that due process and fair hearings protect the public. His office argued that the Office of the State Engineer improperly granted an emergency authorization for well drilling without a genuine emergency, leading to the extraction of over 100 million gallons of groundwater from the Lower Rio Grande Basin without a timely public hearing. Similarly, the AG's motion contended that the New Mexico Environment Department violated due process by eliminating discovery for parties challenging the air quality permit.

Mariel Nanasi, Executive Director of New Energy Economy, supported the Attorney General's stance, calling for more scrutiny given the unique nature of the facility. As of September 4, the Supreme Court had not issued further orders or scheduled additional hearings on the matters, though all parties had submitted their responses. State legislators also filed briefs supporting the New Energy Economy petition.