Data center Project Jupiter air quality permit hearing set for early December

After hitting several bumps along the way, a hearing over whether the New Mexico Environment Department should approve an air quality permit for the Project Jupiter data center’s proposed power source is scheduled to begin in early December.

Newly filed documents show that Hearing Officer James Browning, a retired federal judge, scheduled the hearing to begin at 9 a.m. on Dec. 7 and to “continue as necessary.” The hearing will take place at the Sunland Park Multi-Generational Center and the first day will be dedicated exclusively to public comments, according to a supplemental document filed with Browning’s scheduling order.

After that, Browning wrote that he will set aside one hour each day for public comment.

Browning filed the documents to the NMED docket on Friday afternoon after holding a public meeting with attorneys representing Project Jupiter’s developers, community members and environmental organizations.

During the meeting, Browning acknowledged the several detours the proceedings have taken so far. The previous hearing officer presiding over the case, who recused himself in August, had rescheduled the hearing after saying in a meeting that he wouldn’t. The New Mexico Supreme Court later paused the hearing while it reviewed anti-Project Jupiter legal challenges from environmental advocacy groups.

Colin Cox, a New Mexico-based attorney for the Center for Biological Diversity, raised concerns about the timeline during a scheduling meeting last week.

Specifically, he pointed to figures contained in newly released NMED documents that indicate recent modeling showed the potential for Project Jupiter’s proposed power system to emit a much higher concentration of pollutants than previously forecasted. Oracle recently announced plans to cut its proposed emissions and, Cox said, experts who plan to testify at the hearing will need time to review the changes and the thousands of pages of documents in question.

“I’m sensitive to that. I’m also thinking we need to get something on the calendar,” Browning responded. “If everybody agrees that it’s not workable, then I will be receptive.”

Browning also scheduled an Oct. 26 hearing on whether to dismiss the case in light of the new pollutant figures and an Oct. 29 hearing on whether to allow discovery in the upcoming hearing.