New Mexico delays decision on data center air permits

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  • Public hearing approved after strong public response.
  • More than 7,000 comments submitted on permits.
  • Decision delayed from April to July.
  • Project includes gas plants and pipeline plans.

Monday, March 30, 2026 — Source NM reports that New Mexico environmental officials will hold a public hearing on air quality permits tied to the proposed Project Jupiter data centerOpens in a new tab. in Doña Ana County after receiving more than 7,000 public comments. The state has extended its decision deadline from April 22 to July 21 to allow time for the hearing process. The project includes two gas-fired power plants and a proposed 17-mile natural gas pipeline, both of which depend on permit approval. Lawmakers who requested the hearing said the delay will give local residents a stronger voice, while developers maintain the project could bring jobs, training opportunities, and funding for local services.

The following is published under Creative Commons license CC BY-NC-ND 4.0.

NM environment officials will hold public hearing on Project Jupiter air permits, push back decision

by Danielle Prokop, Source New MexicoOpens in a new tab.
March 25, 2026 (updated March 26, 2026)

New Mexico environment officials will be holding a public hearing on air quality permits for controversial data center Project Jupiter, and pushing back a decision on those permits by several months, Source NM has learned.

Environment Secretary James Kenney approved the public hearingOpens in a new tab. on Tuesday, following a request last week from two Southern New Mexico state lawmakersOpens in a new tab., who referenced high interest in the project among their constituents. Kenney, similarly, noted that the project’s air quality permits received more than 7,000 comments during a recent public comment period, demonstrating sufficient public interest to hold a meeting.

The agency originally had until April 22 to make a decision on the permits. However, in letters sent to Project Jupiter developers Acoma LLC on Tuesday, the state said it would push back the final decisionOpens in a new tab. on the air permit applications for the twin gas-fired power plants to July 21, due in part to the public hearing.

A statement provided by an Acoma spokesperson following publication said the company welcomed “the opportunity to participate fully in the public hearing process and remain confident the project will meet or exceed applicable requirements.”

Project Jupiter, the statement said, :is a major economic win for the state. We look forward to a productive dialogue about the project’s benefits for New Mexicans: thousands of good-paying jobs, many of them union; job training; and hundreds of millions of dollars for the county to improve water, schools, and local services. These benefits come without increasing residents’ power bills.”

Last year, Doña Ana County officials backed spending $165 billion in bondsOpens in a new tab. to build the data center to train OpenAI and Oracle. In November, permits submitted by Acoma LLC  said the private power plants may emit as many greenhouse gasesOpens in a new tab. as New Mexico’s two largest cities combined.

At least one construction project,Opens in a new tab. a proposed 17-mile, $60 million pipeline to supply gas to power the data center, relies on the state’s approval of the air quality permits to move forward.

Rep. Angelica Rubio (D-Las Cruces), one of the lawmakers who requested a public hearing, told Source NM she hopes the people most impacted by this project will have “a real seat at the table.”

“7,155 New Mexicans spoke and NMED had to listen,” Rubio wrote in a text. “We’re glad NMED is recommending a public hearing and we will be watching closely to make sure it happens here in Doña Ana County, and done so bilingually, before any final decisions are made.​​​​​​​​​​​​​​​​”

A hearing officer, not the agency, will announce the schedule for the hearing, which will likely be held in Doña Ana County, NMED Director of Communications Drew Goretzka told Source NM in an email.

Source New MexicoOpens in a new tab. is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Julia Goldberg for questions: info@sourcenm.com.

Deborah

Since 1995, Deborah has owned and operated LegalTech LLC with a focus on water rights. Before moving to Arizona in 1986, she worked as a quality control analyst for Honeywell and in commercial real estate, both in Texas. She learned about Arizona's water rights from the late and great attorney Michael Brophy of Ryley, Carlock & Applewhite. Her side interests are writing (and reading), Wordpress programming and much more.

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