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The Watch · Take Action

Before New Mexico decides, here’s what you can do.

You don’t need to be a lawyer or an expert. Every step below is something an ordinary resident can do — and each one has already been done by people in Doña Ana County.

Where things standA new hearing officer, Oct 2 — still no hearing dateCounting down…The road to the ruling 
Due October 5

Comment to FERC on the pipeline

The one open comment window on this project with a fixed date — 5:00 p.m. Eastern, Docket CP26-80-000.

File early

Tell NMED what you think

A few honest sentences is real testimony — and the record you build now is the record the proceeding resumes on.

Any time

Contact your county commissioners

The Doña Ana County Commission holds the local levers.

November 3

Vote

The largest lever any resident holds, and it does not depend on a court.

01Speak up

Written comment, a call, a meeting — the record hears residents.

Comment to FERC on the pipeline — by October 5

FERC found no significant impact from the 17.77-mile pipeline that would fuel the campus. Comments are due by 5:00 p.m. Eastern on October 5, 2026.

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On September 10 FERC published its environmental assessment of the Green Chile Project — the 17.77-mile pipeline that would fuel the campus, on the route the State Land Office twice refused — and found that approving it “would not constitute a major federal action significantly affecting the quality of the human environment.” Comments are due by 5:00 p.m. Eastern on October 5, 2026, Docket CP26-80-000. This is the federal review New Energy Economy argued the air permit should have waited for. It is now the one open comment window on this project with a fixed date.

Tell NMED what you think

A few honest sentences is real testimony. NMED has published two different closing dates for written comment — file early rather than trusting the later one.

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A few honest sentences is real testimony — say who you are, that you’re speaking on the Project Jupiter air-quality permit, and what worries you (water, air, the process). When a new hearing date is set you can also speak at it; the September 14 hearing NMED had scheduled, before the stay, allowed three minutes per person, in person or via WebEx, with Spanish interpretation. Permit writer of record: Julia Kuhn (julia.kuhn@env.nm.gov).Two cautions on timing. First, the Supreme Court stayed this proceeding on August 23 and lifted the stay on September 17; NMED still holds the application and comment filed now is on the record. A replacement hearing officer, James O. Browning, was appointed on October 2; no hearing date has been set. Second, NMED has published two different closing dates for written comment on this docket — September 11 on its website, October 23 on the comment portal — five weeks apart, for the same proceeding. We have asked which one governs and will publish the answer. Until then, file early rather than trusting the later date.

Contact your county commissioners

The Doña Ana County Commission holds the local levers. Ask them to enforce the agreement they signed and to verify the water numbers publicly — the county already declared the project out of compliance once.

Lawmakers take up Project Jupiter in Las Cruces — October 6

A legislative committee meets at New Mexico State University on Tuesday, October 6. At 10:30 a.m. its agenda item is “Data Centers — Project Jupiter, Water Use and Power Generation.”

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The interim Courts, Corrections and Justice Committee holds its October 5–6 meeting at New Mexico State University in Las Cruces. On Tuesday, October 6, at 10:30 a.m., item 11 is “Data Centers — Project Jupiter, Water Use and Power Generation,” presented by Nat Chakeres, general counsel of the Office of the State Engineer. Interim committee meetings are open to the public. Check the agenda for the room, and for any changes, before you go.

Grant County votes on a moratorium — October 8

Not this project, and the same question: Grant County will consider a one-year moratorium on data centers on October 8. Residents can speak; everyone else can watch.

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Not this project, and the same question. On September 24 Grant County commissioners gave notice that they will consider a one-year moratorium on data centers, modeled on Socorro County’s, at their October 8 meeting. It is aimed at a gas-fired campus proposed near Hachita and Playas whose developer residents learned of from a legal notice — and whose air application the Environment Secretary has said NMED will not act on until the company engages with the community. Grant County residents can speak at that meeting; everyone else can watch how a county decides before a project arrives rather than after. Check the county’s agenda for time and place.

02Vote

The ballot and the legislature — the levers that do not wait on a court.

Vote on November 3

Two offices on this ballot have already ruled on this project, and both nominees for governor have said what they would do. This is the largest lever any resident holds, and it does not depend on a court.

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Two offices on this ballot have already ruled on this project. The Land Commissioner’s office denied the pipeline a state-land crossing twice — that seat is contested. County Commission District 1 is the open seat of the chair who signed the agreements. Governor and Lieutenant Governor are on it as well, and the administration that made the state’s commitments leaves office January 1. Both nominees for governor have now said what they would do: Deb Haaland would sign a statewide pause on new large data centers on her first day; Gregg Hull opposes a statewide moratorium and would write clawbacks into incentive deals instead. The state’s filings show $112,200 in contributions of $1,000 or more to Haaland’s campaign from Oracle, STACK and the construction contractor Clayco and their executives, and none to Hull’s. Five weeks out, this is the largest lever any resident holds, and it does not depend on a court.

The bill that died in the House

Senate Bill 235 would close the carve-out that put a private gas plant outside utility oversight. It passed the Senate and died in the House; the session reconvenes January 19, 2027.

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A 2025 amendment — HB 93 — created a “qualified microgrid” carve-out declaring this kind of generation not a retail sale until 2035, which puts it outside Public Regulation Commission jurisdiction entirely. That carve-out is what made a 2.46-gigawatt private gas plant possible without utility oversight. Senate Bill 235, the Microgrid Oversight Act, would close it: PRC oversight, a utility-timeline renewable standard, annual energy and water reporting. It passed the Senate 22–20 in February 2026 and died in the House. The session reconvenes January 19, 2027, and your representative’s vote on it is a matter of public record.

03File or request

Paper that institutions have to answer.

File a federal civil-rights complaint

A Title VI complaint opens a federal investigation the state cannot close, settle, or run out the clock on. Any person or organization may file one — within 180 days of the most recent act complained of.

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Title VI of the Civil Rights Act bars discrimination by agencies that receive federal funding — which New Mexico’s Environment Department does. Sunland Park and Santa Teresa are predominantly Latino and low-income. A complaint alleging discriminatory permitting goes to EPA’s External Civil Rights Compliance Office, and it opens a federal investigation the state cannot close, settle, or run out the clock on. Any person or organization may file one. Of every path in this record, it is the one least dependent on New Mexico’s own institutions — and the one nobody has used. Complaints go to Title_VI_Complaints@epa.gov, or to the External Civil Rights Compliance Office (2310A), 1200 Pennsylvania Ave. NW, Washington DC 20460. One hard limit to know before you start: a complaint must arrive within 180 days of the most recent act complained of.

Ask for the records

New Mexico’s Inspection of Public Records Act lets any person request government documents — and the Foundation for Open Government shows you how.

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New Mexico’s Inspection of Public Records Act lets any person request government documents. Some were withheld under a terrorism exemption — you can still ask, and the Foundation for Open Government shows you how. There is a specific request worth making now: the amendment to Resolution 2026-101 and the list of monitoring-committee appointees, both adopted on September 22 after the September 8 packet omitted them. Ask the clerk for the adopted amendment and the appointee list.

04Watch & learn

Where the proceeding stands, who is watching it, and the facts behind it.

Stays lifted — September 17, 2026

The emergency well authorization is active again. The air-permit proceeding has a new hearing officer as of October 2, and still no hearing date.

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On September 17 the New Mexico Supreme Court denied both petitions — New Energy Economy’s and the Center for Biological Diversity’s — and lifted the stays it entered on August 23. No explanation was given. The emergency well authorization is active again. The air-permit proceeding resumed with no hearing officer. On October 2 the Environment Secretary appointed James O. Browning, a former federal district judge, to replace the officer who recused; final decision authority stays with Deputy Secretary John Rhoderick. No hearing date has been set, and the November 23 decision deadline has not moved. A denial of mandamus is not a ruling on the merits — the Court declined to intervene; it did not say the process was lawful.

Written comment to NMED is still worth filing: the department still holds the application, and the record you build now is the record the proceeding resumes on. The ruling, in the record →

The road to the ruling — what the clock is counting
Counting down…
Already ruled
Show the earlier rulings, from March 20
  1. MAR 20The State Land Office denies the pipeline’s state-land crossings.
  2. MAR 20The same day, a judge refuses to throw out the Open Meetings challenge to the $165B vote — and refuses to pause the ordinances. The challenge to the approval lives; construction has proceeded unstayed ever since.
  3. MAY 1BLM grants the federal right-of-way — the federal yes against the state’s no.
  4. JUL 14The State Land Office denies reconsideration — the second no.
  5. JUL 16NMED orders a public hearing and moves the decision to November 23.
  6. JUL 24The Ethics Commission suit settles, and the secretive nonprofit that lobbied NMED to approve this permit has to name its funders: all $3,667,000 came from the company applying for it.
  7. JUL 29The hearing is moved up five weeks — to September 14 — at the applicant's request.
  8. AUG 5The hearing officer orders the company to answer whether the campus can be built at all without the pipeline the state twice refused.
  9. AUG 6The motion to move the hearing back is denied. September 14 stands — and so does every deadline in front of it.
  10. AUG 10He takes the question back: the show-cause order is withdrawn and the motion to dismiss denied as premature — the fuel question will be answered under oath at the hearing instead.
  11. AUG 12Discovery is denied after he had said it would be allowed — the third reversal. Opponents say the administrative record, thousands of pages, would not reach them until the day their technical testimony was due.
  12. AUG 19Two conservation groups move to disqualify him, citing that pattern.
  13. AUG 22He recuses himself. That is not a finding that he was biased — but the proceeding that decides this permit now has no one presiding over it, and the November 23 decision deadline has not moved.
  14. AUG 24A member of Congress asks the state, in writing, to account for every source of this project's water, its rights and its permits — by Friday.
  15. AUG 28The State Engineer answers on the deadline: the construction water was bought from an existing right already permitted for industrial use, and because the use is pre-existing it is “not a new depletion of water in the Lower Rio Grande.”
  16. SEP 1The developer asks the Supreme Court to let the air case restart in pieces, warning the November deadline could become impossible to meet. Denied unanimously, without comment.
  17. SEP 2The Attorney General of New Mexico files in support of BOTH petitions — against the Environment Department and against the State Engineer. “The same rules must apply to everyone.”
  18. SEP 8Oracle tells commissioners that if the air permit fails the campus would have to work with a grid provider. The chair notes the bond agreements were built around on-site generation — so that would come back to the commission.
  19. SEP 10FERC publishes its environmental assessment of the pipeline and finds no significant impact. Comments are open until October 5.
  20. SEP 16The State Ethics Commission announces Oracle has disclosed a $3,444,500 advertising campaign aimed at the air permit — “likely the largest lobbying advertising campaign ever disclosed in New Mexico.” With the applicant’s $3,667,000 through Elevate, more than seven million dollars to influence one permit.
  21. SEP 17The Supreme Court denies both petitions and lifts both stays, without explanation. The well is active again. The air case resumes with no hearing officer and no date.
  1. OCT 2Fifteen days later, a new hearing officer: James O. Browning, a former federal district judge. Final authority stays with the Deputy Secretary. Still no hearing date.
  2. SEP 22One year after the bond vote, the county seats its monitoring committee and adopts open-meetings rules stricter than the law requires. Of 29 public comments, one supports the project.
  3. SEP 24Oracle sends the developer a force majeure notice protecting itself against two delays: this air permit and the pipeline. The same day a member of Congress calls for a pause on new data centers in New Mexico.
  4. JUL 21The day the decision was due. No ruling came — and counting.
Ahead — where you come in
  1. NOV 23the decision deadline

    The decision deadline — NMED was to rule on the permit by this day, and every acceleration in this proceeding was justified by it. The Attorney General's September filing says it was never a wall: NMSA 1978, § 74-2-7(B)(3) lets the department extend its own deadline for good cause. The Supreme Court lifted the stay on September 17 without reaching that argument. On October 2 the department appointed a replacement hearing officer, James O. Browning, a former federal district judge, and kept final decision authority with Deputy Secretary John Rhoderick; as of October 3 its docket shows no scheduling order and no hearing date. Oracle’s September 24 force majeure notice names this permit as one of two delays it is protecting itself against. Whether this deadline holds is the department's decision to announce, and it has not announced it.

Dates that have passed, and what happened to them
  1. AUG 17the written-comment deadline

    Written-comment deadline on the notice we harvested — but NMED has since published two later and conflicting dates for the same docket. Treat this as the safe one and file by it.

  2. AUG 24the technical-testimony deadline

    Technical testimony and prehearing motions were due — then the New Mexico Supreme Court stayed the proceeding on August 23. The stay was lifted September 17; whether this deadline is reset is for the new hearing officer to say.

  3. SEP 2the Supreme Court response deadline

    Responses were due in BOTH Supreme Court cases — the air proceeding and the emergency well. They were filed, and the Attorney General filed alongside the petitioners in both, against two agencies of his own state. On September 17 the Court denied both petitions without explanation.

  4. SEP 3the rebuttal deadline

    Rebuttal deadline — suspended by the August 23 stay, which was lifted September 17. Not yet reset.

  5. SEP 14the public hearing

    The public hearing was set for this day at the Sunland Park Multi-Generational Center. It did not happen: the Supreme Court stayed the proceeding on August 23 and the hearing officer recused on August 22. On September 17 the Court lifted the stay. On October 2 NMED appointed a new hearing officer, James O. Browning; no new hearing date has been announced.

These are the dates NMED had ordered before the Supreme Court stayed the proceeding on August 23; the stays were lifted September 17 and no new schedule has been issued — and the schedule itself has been fought over throughout. The hearing was moved up five weeks at the applicant’s request, opponents have asked to move it back, and a separate motion asks the department to dismiss or postpone the application outright because the pipeline that would fuel the campus has been denied. Check before you travel.

The monitoring committee

On September 22 commissioners seated the citizen monitoring committee — one district’s picks still to come. No first meeting has been set.

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The county is seating an 11-member citizen committee — two per commission district — with power to write its own bylaws and hold independent information forums on Project Jupiter, with county-funded logistics, Spanish interpretation, and an advising attorney. Applicants had to live in their district and hold no financial interest for or against the project. Interest forms closed August 31. What happened next: on September 8 commissioners were scheduled to amend the resolution that created the committee and to appoint its eleven members — and the published 497-page packet contained neither the amendment text nor the nominees. The item was moved to the September 22 meeting. Nothing was adopted and nobody was appointed on the 8th. Whether the amendment and the names appear in the September 22 packet is the thing to check. They did. On September 22 commissioners adopted the amended resolution and seated the committee — two members per district, one district’s picks still to come — as an information-gathering body that will bring in experts on air, water and energy, with minutes by court reporter posted by the county. No first meeting has been set. Commissioner Gameros asked that it meet in the south of the county, where the campus is.

See if your county is next

Doña Ana is one of five named Stargate sites — the same play is running in other counties. Erin Brockovich’s national map shows where data centers are landing near you.

05Share & support local reporting

A watch only works if people keep it.

Share what you’ve found

Every dossier, exhibit, chart, and person on this site has a Share button. Send one thing — a name, a number, a receipt — to a neighbor who hasn’t heard. A watch only works if people keep it.

Support the reporter

The story survived because one local journalist kept reading the pages after the newspaper folded. Independent reporting is how a news desert grows a witness. Read it, subscribe, pass it on.

Let Project Jupiter be something that connects and unites this community.

Whatever the ruling brings — that part is ours.

 Back to the top actions

The hearing has passed
The Watch stands.

The decision was due July 21. Instead: a public hearing — first set for October, then moved up to September 14 at the applicant’s request — and a ruling due by November 23. A $165B question for one desert county, on a schedule that keeps moving. The clock above always shows the next date that matters. Until the ruling, and after, this is the public watch on how it’s being made.