The New Mexico Department of Justice announced Today that the Attorney General has filed responses in support of the petitions which led to a stay on Project Jupiter's air quality permit and water access.
New Mexico Attorney General Raúl Torrez argues that the New Mexico Environment Department and the State Engineer "cut corners" when it came to legal processes pertaining to the massive AI data center campus that is being constructed in Santa Teresa.
He says the NMED violated due process rights and favored Yucca Growth Infrastructure over protecting New Mexico's air quality. The NMDOJ supports New Energy Economy's petition, which challenged the NMED’s decision to push forward the hearing for Yucca Growth Infrastructure’s air quality permit.
NEE argues that former hearing officer, Max Sheppard, "Abruptly accelerated the hearing date" knowing that more time was needed.
Yucca Growth Infrastructure is seeking the permit for the proposed power plant that will fuel Project Jupiter using approximately 2,275 Bloom Energy fuel cells.
The Office of the State Engineer approved an emergency application that allowed Santa Teresa Capital, LLC to make a new well to supply water for Project Jupiter’s construction. The Center for Biological Diversity submitted a petition asking for a stay, saying that the state engineer’s office did not provide public notice or a hearing before approving the well.
Attorney General Torrez is asking that the required hearing be held and says that by not scheduling one, State Engineer Elizabeth Anderson has "exceeded the scope of her discretion and acted unlawfully." His response says holding a hearing is especially important because Santa Teresa has a multitude of water issues.
“The same rules must apply to everyone. Whether you're a family defending a water right or a global corporation with money and political clout. Notice and a fair hearing exist to protect the public, and bending those rules for a powerful applicant undermines public trust, regardless of the outcome," he said.
Both responses request continuation of the stay issued by the state Supreme Court.
The air quality permit hearing scheduled for September 14th has been put on hold.
