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Dossier · Who's Who

Max Shepherd

Hearing Officer for the Project Jupiter air-permit hearing (docket AQB 26-57(P)); appointed July 2, 2026 (final decision authority was delegated separately, to Deputy Cabinet Secretary John Rhoderick); signed the scheduling order setting the Oct 19 hearing.

verification: confirmed

The hearing officer appointed on July 2, 2026 to run the Project Jupiter air-permit hearing — final decision authority went to Deputy Cabinet Secretary John Rhoderick — who recused on August 22, 2026 without stating a reason.

At a glance

Earlier role: Hearing Officer, NMED air-permit docket AQB 26-57(P)2026-07-02–2026-08-22^[1]
Category: Judge or hearing officer
Jurisdiction: State of New Mexico
Verification: confirmed — Two independent accounts agree
In the record: 6 sources · 0 connections · 13 dated entries
Record id: PJP128

Key facts

Engaged through Eastern Research Group, the Department's technical contractor, under a 2025 amendment that made ERG the supplier of NMED hearing officers.^[5]
2026-07-07On July 7, 2026, wrote that he could not perform any hearing-officer duties until ERG completed his individual service contract.^[5]
2026-07-16Signed the July 16, 2026 scheduling order setting an October 19 hearing, with three-minute public comments and everything on the record.^[1]
2026-07-29Said on July 27 the October date would stand; the written order of July 29 moved the hearing to September 14, at the applicant's request.^[2]
Withdrew an August 5 show-cause order on fuel supply as “inadvisably filed,” then on August 12 denied discovery after earlier saying it would be allowed.^[3],[4]
2026-08-22Denied a motion for a hearing on his own disqualification and recused on August 22, 2026; no one has made a finding of bias against him, and this record makes none.

The record

The man who will run the room in Sunland Park — appointed hearing officer on July 2 with delegated authority over the final permit decision, he set the October 19 hearing and its rules: testimony deadlines, three-minute public comments, everything on the record.

He was engaged through Eastern Research Group, the Department's technical contractor, under a 2025 amendment that made ERG the supplier of NMED hearing officers; in July 2026 he told the Department he could not perform any duties until ERG completed his individual service contract.

He reversed himself on the hearing date and on discovery, denied a motion for a hearing on his own disqualification, and recused himself on August 22, 2026 without stating a reason. No finding of bias has been made against him by anyone, and this record makes none.

In the timeline · 13

Jul 2, 2026Max Shepherd is appointed hearing officer; the final decision goes to Rhoderick Jul 7, 2026The appointed hearing officer says he cannot act until a contractor completes his contract Jul 29, 2026Two days later, the hearing moves five weeks earlier Aug 5, 2026The show-cause order — can it be built without the pipeline?Aug 9–10, 2026The show-cause order is withdrawn Aug 7–10, 2026The applicant files a brief the rules do not allow Aug 12, 2026Discovery is denied — the hearing officer's third reversal Aug 19, 2026The motion to remove the hearing officer Aug 20, 2026The remedy was the hearing, and there was no hearing Aug 21, 2026One line, the day before he left Aug 21, 2026The same question was put to a court once before, and went unanswered Aug 22, 2026The hearing officer steps aside Sep 18, 2026NMED’s answer to the bias motion enters the record

Dated entries in the record that involve this party. Appearing here is not an allegation — it means the graph draws an edge from this dossier to that event.

Claims involving them · 4

Cross-examination cannot supply what the rules require before the hearingprimary-source

The question has been put to a New Mexico court before, and it was never answeredprimary-source

The standard the bias argument has to meet, and it is not a low oneprimary-source

NMED's answer to the bias motion: no evidence, a presumption of integrity, and articles that are hearsayprimary-source

In the Watch · 5

eventThe hearing is moved up five weeks — at the applicant's request (Jul 27–29 2026)

documentThe recusal order (Aug 22 2026)

documentThe order denying all discovery (Aug 12 2026)

documentOrder denying Maxwell's expedited motion to reconsider (Aug 21 2026)

documentOrder denying limited supplementation of direct technical testimony (Aug 20 2026)

Sources · 6

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