LAS CRUCES — The developer of the proposed Project Jupiter natural‑gas‑powered energy facility has agreed to waive the Nov. 23 deadline for a decision on its air‑quality permit, joining the New Mexico Environment Department in a request to postpone the Dec. 7 public hearing.
Joint motion filed
On Nov. 3, Yucca Growth Infrastructure LLC and the Environment Department’s Air Quality Bureau filed a joint motion asking hearing officer James O. Browning to vacate the hearing date and related pre‑hearing deadlines. The motion follows revisions the developer submitted in October to its application for air‑quality permit No. 10883, which is intended to power the massive data‑center project under construction in Santa Teresa.
Why the deadline was waived
Yucca Growth previously resisted extending the permit timeline, arguing that the Nov. 23 decision deadline was essential. However, after reviewing the October revisions, the company changed its position and expressly agreed to waive the deadline. The waiver removes a scheduling obstacle while the department completes its technical review of the updated application.
Impact on the hearing schedule
The motion does not set a new hearing date. It asks that Browning not reschedule the hearing until the Air Quality Bureau places a revised recommendation into the administrative record. If the bureau ultimately recommends approval, its recommendation must include an amended draft permit, a statement of basis, and a modeling report that detail the facility’s projected air‑quality impacts.
At present, the Dec. 7 hearing has not been confirmed canceled, as an order granting the joint motion could not be independently verified as of Nov. 5. The Department still must submit its public‑hearing notice to newspaper publishers by Nov. 3 to meet procedural requirements, but it has indicated that additional time is needed to finish its technical review.
Regulatory background
Project Jupiter’s 2.4‑gigawatt power source has been the subject of months of regulatory dispute. In August, the New Mexico Supreme Court temporarily halted the administrative proceedings after environmental groups raised bias allegations against the original hearing officer, Max Shepherd. The stay was later lifted, and retired federal judge James O. Browning was appointed as the new hearing officer.
Earlier, New Energy Economy, a Santa Fe‑based environmental advocacy group, sought dismissal of the application, arguing that the October revisions required further technical analysis. The Albuquerque Journal reported on Oct. 27 that Browning rejected that dismissal request, keeping the Dec. 7 hearing on the calendar.
Next steps
The joint motion does not establish a deadline for the Department’s revised recommendation, nor does it constitute approval of the permit. The application remains pending, and the public hearing will stay unscheduled until the Air Quality Bureau completes its review and submits its recommendation.
All related documents—including the original application, revisions, draft permit materials, modeling review report, and administrative record—are available on the New Mexico Environment Department’s Project Jupiter public‑notice page.
Original reporting: Organ Mountain News (Las Cruces / Doña Ana County) — read the source article.
