Santa Teresa, N.M. – A hearing officer appointed by the New Mexico Environment Department (NMED) to oversee the air‑quality permit hearing for the Project Jupiter data center has formally recused himself. The decision follows an emergency joint motion filed by the New Mexico Environmental Law Center (NMELC) and the Center for Biological Diversity.
Recusal and court action
Max Shepherd, the hearing officer, signed an order on Saturday disqualifying himself from the case. The NMELC said the motion, filed on August 19, was submitted on behalf of local residents concerned about safe drinking water and air quality. The New Mexico Supreme Court issued an emergency temporary stay on Monday, halting both the air‑permit hearing and the drilling of water wells intended for the data‑center’s operations.
Reason for the request
The environmental groups allege a pattern of rulings that show a strong bias toward the NMED and two developers involved in Project Jupiter – Oracle and Yucca Grown Infrastructure. The motion requested that a new hearing officer be appointed and that fair procedures be put in place before the case proceeds.
Community response
“We’re hopeful that, if this process moves forward, impacted community members and supporting organizations will not only have a say in the selection of the next hearing officer, but will also be provided all constitutional guarantees we are entitled to,” said NMELC senior staff attorney Maslyn Locke.
Next steps
The NMED indicated that once the Supreme Court lifts the stay, it will appoint a new hearing officer. The department is also preparing a response to the court’s order, which must be filed by September 2.
Project Jupiter remains under construction in Santa Teresa, and the outcome of the permit hearing will affect the facility’s air‑quality compliance and water usage. Residents and local officials are watching the proceedings closely, emphasizing the importance of transparent, unbiased administrative processes that respect constitutional rights.
Original reporting: El Paso News (HLL/CB) — read the source article.