08/25/2026
The Santa Fe New Mexican editorial board writes, “The air permit hearing for Project Jupiter, a planned data center in Southern New Mexico, shouldn’t become a rubber stamp, allowing the project to go forward regardless of its impact on state air quality.
That’s why a New Mexico Supreme Court stay on the proceedings — a rare Sunday evening ruling — is so important.
New Energy Economy asked the court last week to table the air-quality permit proceedings, alleging the process was violating due process and amounted to a “trial by ambush.” On Sunday night, the court issued the stay against the Environment Department.
At the same time, justices granted a stay — against the state engineer and Santa Teresa Capital LLC — over an emergency drilling authorization issued in October. The authorization had permitted drilling a new well for water to build Project Jupiter. The stay, requested by the Center for Biological Diversity, temporarily freezes water use from the well.
Parties have until Sept. 2 to file responses in connection with both orders.
The stays are halting what has been a race to the finish to get the data center up and running without fully considering its impact on New Mexico’s air and water resources.
Here’s what New Energy Economy correctly identifies as a violation of due process against the opponents of Project Jupiter, a $165 billion AI-training data center complex under construction in Doña Ana County.
The air permitting hearing is being sped up, first of all.
First scheduled for October, the hearing now will begin Sept. 14 — yet hearing officer Max Shepherd initially had wanted the later date. He believed both sides needed ample time to prepare for a “highly technical hearing.” Oh, make that ex-hearing officer Shepherd. He now has recused himself.
The data center developers wanted the accelerated timeline. Officials with Oracle, one of the companies behind Project Jupiter, met with Gov. Michelle Lujan Grisham the same day as the July 27 scheduling conference. Two days later, the hearing was moved to Sept. 14 from October. Coincidence or a push from the Fourth Floor?
What’s more, objectors to the permit are being denied discovery — that’s the process by which parties exchange evidence and documents prior to the legal proceeding. That would have clarified issues ahead of the hearing. Experts for New Energy Economy also were being asked to begin entering testimony without viewing the administrative record on which testimony will be based.
As for the water permit, the Center for Biological Diversity is alleging no true emergency existed — therefore, the grounds for issuing an “emergency” permit lacked merit. The Office of the State Engineer also allegedly failed to provide adequate public notice and didn’t hold a required hearing to consider the change in water use.
So far, the emergency well has pumped 103 million gallons of freshwater since April — in an area already facing a severe water shortage.
The Supreme Court’s welcome intervention will slow down the process to open Project Jupiter, offering an opportunity to consider whether this project truly benefits New Mexico.
Look at air quality: Even with state-of-the-art energy generation, it’s estimated the project will produce more than 10 million tons of greenhouse gases every year, more than the combined emissions of Albuquerque and Las Cruces.
Developers are saying that if they can’t get the permit, they instead could hook up to the El Paso Electric grid; they’ve resisted calls to use renewable energy. When grid connections happen, ratepayers are stuck with higher electricity costs. Working people pay more so big companies can make billions, an unfair equation.
Increased electricity costs in areas with data centers are why politicians on the left and right now are calling for moratoriums on future centers.
Backlash against data centers has become the issue of the midterm elections, with 7 in 10 Americans opposing construction near them.
That battle is happening now in New Mexico — and because of the state Supreme Court, citizens have an opportunity to present their case.
