By Abigail Salas | KRWG Public Media

Today the New Mexico Supreme Court denied a request from Project Jupiter’s developers to temporarily lift stay on the air-quality permit.

Justices unanimously denied a request from Yucca Growth Infrastructure (YGI) to temporarily lift the stay on the New Mexico Environment Department’s air quality permit.

Last week, the state’s high court unanimously paused the massive data center campus’ air quality permit hearing. This, after energy advocacy group New Energy Economy filed a petition challenging the NMED’s decision to fast-track the permit process.

YGI responded to the stay and requested for it to be temporarily lifted so deadlines could be met, and pre-hearing filings made, before a scheduled September 14 hearing.

Max Shepard, the former hearing officer, recused himself from the position after a joint motion to disqualify him was filed by the New Mexico Environmental Law Center and the Center for Biological Diversity.

NMELC and CBD claim that the NMED “has publicly stated its strong desire to facilitate the approval of Yucca Growth Infrastructure’s (“YGI”) Application.” They say Shepard appeared to have shown bias favoring YGI.

Shepard stepped down the night before the permit was paused; a new hearing officer has yet to be named.

Mariel Nanasi, New Energy Economy Executive Director and Senior Attorney, called the decision “an important victory for due process, science, and the people of New Mexico. A stay means stop.”

The final decision on Project Jupiter’s air quality permit is expected to be made by November 23rd.

Abigail Salas is a multimedia journalist at KRWG Public Media. She came to KRWG with the New Mexico Local News Fellowships and Internships after earning a Bachelor of Arts in Journalism and Media Studies from NMSU in 2025. She is a Las Cruces native and is excited to share the stories of the people of the community and to give a voice to those that need one. 

This story was originally published by KRWG Public Media.