New Mexico

Data center activity in New Mexico

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Regulatory Environment Score
C
+16 pts

New Mexico's regulatory environment is notable for the disproportionate impact of legal challenges and opposition, with at least 14 projects blocked and only 3 approved despite resistance, one of the most lopsided opposition outcomes among states with active development. At least 32 moratoriums have been enacted with only 1 rejected, adding to the headwinds. Zoning outcomes are relatively positive, with at least 5 approvals and 2 denials, but the strong opposition and legal friction undermine those gains. Compared to neighboring Arizona, where opposition outcomes are more balanced and zoning volume is higher, New Mexico presents a riskier regulatory environment despite similar moratorium pressure. The 56 active companies suggest significant market interest, potentially driven by the state's renewable energy resources, though developers face substantial resistance.

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New Mexico Attorney General Intervenes in Project Jupiter Data Center Court Cases
News ClipOrgan Mountain News·Doña Ana County, NM

New Mexico Attorney General Intervenes in Project Jupiter Data Center Court Cases

The New Mexico Attorney General has intervened in two court cases related to Project Jupiter, challenging its air permitting process and emergency groundwater use approval. This comes as U.S. Representative Gabe Vasquez proposes federal bills to protect residents from data center costs and require disclosure of water and energy use. Project Jupiter is facing growing scrutiny in southern New Mexico.

9/6/2026
In Silver City, rapid community response to local data center proposal
News ClipAlbuquerque Journal·Silver City, Grant County, NM

In Silver City, rapid community response to local data center proposal

Residents of Grant County, New Mexico, are mobilizing a grassroots campaign against a proposed data center after learning about it through a public notice. The project, identified as Site Layer 1 LLC, would be powered by natural gas and is projected to emit significant greenhouse gases and particulate matter, raising environmental and health concerns. In response to community outcry, a Grant County Commissioner plans to propose a one-year moratorium on data center development.

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

NM Attorney General backs petitions challenging Project Jupiter

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.

9/5/2026
New EPA proposal could make it harder to know when a data center is coming
News ClipWZTV·Santa Fe, Santa Fe County, NM

New EPA proposal could make it harder to know when a data center is coming

A new federal EPA proposal aims to eliminate the requirement for states to provide public notice and comment periods for certain air pollution permits, which could affect data center projects. Critics argue this would reduce public transparency and involvement, while the EPA says it grants more control to state and local authorities. The proposal has drawn opposition from nearly 200 environmental and community groups.

9/5/2026
In New Mexico, massive Project Jupiter data center faces criticism over water allocation
News Clipkanw.org·NM

In New Mexico, massive Project Jupiter data center faces criticism over water allocation

The Project Jupiter data center in New Mexico, developed by Oracle and expected to house OpenAI, faces renewed opposition from Congresswoman Melanie Stansbury over its substantial water consumption. Stansbury is calling for an immediate inquiry into the project's long-term water usage, citing potential threats to communities and agriculture. The project has already seen design changes due to environmental criticisms, but water allocation remains a key concern.

9/4/2026
New Mexico Commissioner Halts Green Data's Spaceport Data Center Plans
News Clip96.3 KKOB·Sierra County, NM

New Mexico Commissioner Halts Green Data's Spaceport Data Center Plans

New Mexico Commissioner of Public Lands Stephanie Garcia Richard halted Green Data CEO Jason Bak's plans for a data center on Spaceport property, marking the second rejection for Bak's projects in the state. Bak had proposed using atmospheric water generation for cooling, but he and his company have yet to successfully build a data center. Earlier, a partnership with New Mexico Tech in Socorro for a similar project also fell through.

9/4/2026
New Mexico DOJ seeks to halt Project Jupiter, EPA proposes curbing public comment on data centers
News Clip1:02KFOX14·NM

New Mexico DOJ seeks to halt Project Jupiter, EPA proposes curbing public comment on data centers

The New Mexico Department of Justice is actively working to halt Project Jupiter, citing concerns over developers allegedly cutting corners on water and air quality permits and attempting to fast-track the facility. Separately, the EPA is considering a change that could reduce public notification and comment opportunities for new data center projects.

9/4/2026
Poll shows strong opposition to Project Jupiter in southern New Mexico
News ClipKOB 4·Sunland Park, Doña Ana County, NM

Poll shows strong opposition to Project Jupiter in southern New Mexico

A recent poll indicates strong public opposition to "Project Jupiter," a data center development in southern New Mexico, with 45% of respondents believing costs outweigh benefits. Concerns center on water and energy use, air emissions, and a desire for local job and funding commitments. This opposition is bipartisan, challenging broader political support for data centers.

9/4/2026
New Mexico attorney general backs environmental groups in Project Jupiter battle
News ClipSanta Fe New Mexican·Las Cruces, Doña Ana County, NM

New Mexico attorney general backs environmental groups in Project Jupiter battle

New Mexico Attorney General Raúl Torrez has officially supported environmental groups' emergency petitions to the state Supreme Court regarding Project Jupiter, a large data center. Torrez is seeking to cancel an emergency well permit and pause the data center's air quality permit process, citing due process violations and environmental concerns. Construction for the data center, intended for AI infrastructure, is ongoing despite these legal challenges.

9/3/2026
AG backs Project Jupiter permit challenges
News ClipAlbuquerque Journal·Santa Teresa, Doña Ana County, NM

AG backs Project Jupiter permit challenges

The New Mexico Department of Justice, led by Attorney General Raúl Torrez, has filed responses in court supporting challenges to water and air permits for Project Jupiter, a data center project in Santa Teresa. Torrez argues that state agencies, the Office of the State Engineer and the New Mexico Environment Department, cut corners and neglected public welfare in granting permits for the Oracle and OpenAI facility. Environmental groups allege that due process was violated, particularly regarding an emergency well authorization and an air quality permit for the 2.45-gigawatt, methane-powered fuel cell system.

9/3/2026
NM attorney general backs emergency petitions challenging data center's air, water permits
News ClipKFOX·Santa Teresa, Doña Ana County, NM

NM attorney general backs emergency petitions challenging data center's air, water permits

New Mexico Attorney General Raul Torrez is backing emergency petitions to the state Supreme Court, challenging air and water permits for Project Jupiter, a data center in Santa Teresa. The petitions allege that state agencies bypassed legal procedures for Santa Teresa Capital, LLC's permits, including an agricultural well repurposing and an air permit for a large methane-fueled power plant.

9/3/2026
News ClipSearchlight New Mexico·NM

Project Jupiter developers urge New Mexico Supreme Court to get permit process moving again

Developers of 'Project Jupiter' are petitioning the New Mexico Supreme Court to intervene and accelerate the stalled permit process for their data center project. This action aims to unblock the regulatory hurdles preventing the project's advancement. The specific reasons for the delay in the permit process are not detailed in the provided information.

9/3/2026
Secret recording reveals efforts to change Sierra County data center moratorium for Spaceport project
News Clip5:08Albuquerque Journal·Sierra County, NM

Secret recording reveals efforts to change Sierra County data center moratorium for Spaceport project

A secretly recorded meeting revealed behind-the-scenes efforts to change Sierra County's moratorium on data centers for Green Data's proposed solar-powered facility at Spaceport America. The project, touted to create 500 jobs, faces concerns regarding water use and public opposition. Political strategies and potential Open Meetings Act violations were also discussed.

9/3/2026
New Mexico Data Center Project Faces Legal Challenges, Opposition Over Water Use
News ClipSanta Fe New Mexican·Las Cruces, Doña Ana County, NM

New Mexico Data Center Project Faces Legal Challenges, Opposition Over Water Use$

Project Jupiter, a data center in Doña Ana County, New Mexico, is facing ongoing legal challenges regarding its air permits and industrial revenue bonds. Public opposition is strong due to significant water usage and has led to calls for a statewide data center moratorium. Developers are pushing to lift a court-ordered pause on permitting, citing economic harm.

9/3/2026
Rep. Stansbury calls for investigation into Project Jupiter’s water use
News ClipKOAT·Santa Teresa, Dona Ana County, NM

Rep. Stansbury calls for investigation into Project Jupiter’s water use

U.S. Rep. Melanie Stansbury has called for a state investigation into Project Jupiter's water use near Santa Teresa, New Mexico, citing concerns about its impact on the drought-stricken Lower Rio Grande Basin. Over 30 protests have been filed regarding an emergency replacement well for the project, and the New Mexico Supreme Court has issued a stay in a related legal challenge. Oracle, the project's developer, states that closed-loop cooling will minimize long-term water needs, but critics demand formal public review of these projections.

9/2/2026