Court Lifts Air Permit Stay for Project Jupiter
The New Mexico Supreme Court lifted the stay on the Project Jupiter air quality permit on September 16, 2026, after an environmental advocacy group challenged the massive data center development planned for Santa Teresa. Source New Mexico reported that the high court denied the petition from New Energy Economy against the New Mexico Environment Department.
The legal dispute centers on an enormous facility that will emit more than 14 million tons of greenhouse gases annually. The project relies on a pipeline-fed fuel cell system from Bloom Energy to operate independently as an on-site microgrid.
How the Legal Challenge Unfolded at the Supreme Court
In August, the state’s highest court ordered a temporary halt to the development of Project Jupiter following challenges from New Energy Economy. Mariel Nanasi, the executive director and lead attorney for the group, stated that they sought a fair opportunity for the public to examine evidence and question claims before authorization of a major pollution source.
The initial air quality application specified the pipeline gas fuel cells as the primary on-site power source. New Energy Economy opposed the permit hearings by arguing that the proceedings were premature because the necessary pipeline had not yet received construction approval. Nanasi described the procedural steps as unusually strange and claimed the cumulative effect of unfavorable decisions aimed to silence public participation.
Max Shepherd Recuses Himself as County Forms Hearing Committee
Max Shepherd, the principal hearing officer for the New Mexico Environment Department regarding the air quality permit, recused himself from the case on August 24. Shepherd noted that the matter became intensely polarized, leading him to step down to avoid public perceptions of bias regardless of his eventual ruling.
In response to local concerns, the Doña Ana County Board of Commissioners voted to establish a Project Jupiter hearing committee. On September 22, officials assigned 11 members to the committee across various districts. Commissioners selected two members each, with Chair Manuel Sánchez appointing a third member, while Commissioner Susana Chaparro scheduled her selections for early October. The committee is tasked with examining development issues with experts and project representatives.
The New Mexico Supreme Court has not yet appointed a new hearing officer or scheduled a date for further proceedings in the case.