Project Jupiter air quality permit hearing officer recuses himself: Documents
SANTA TERESA, N.M. (KVIA) — A hearing officer appointed by the New Mexico Environment Department to oversee the Project Jupiter data center air permit hearing recused himself, according to the New Mexico Environmental Law Center.
Project Jupiter is under construction in Santa Teresa. The NMED said a hearing officer conducts permitting, adjudicatory and other hearings for a variety of programs, including air quality.
The New Mexico Environmental Law Center and the Center for Biological Diversity filed an emergency joint motion to disqualify the hearing officer, Max Shepherd, last week.
The NMELC said it filed the joint motion Aug. 19 on behalf of New Mexico residents advocating for safe drinking water in their community.
NMED published the Hearing Officer’s order disqualifying himself Monday. Shepherd signed the order Saturday, the NMELC said.
The hearing officer’s decision to step down was signed Saturday. Sunday, the New Mexico Supreme Court issued an emergency temporary stay on the air permit hearing. The court also paused water well drilling for the data center’s water use.
The motion requested a hearing “until a new hearing officer is appointed and fair procedures are implemented.” Shepherd signed to recuse himself from acting as the hearing officer in the air quality permit case. He denied the motions for a hearing.
The NMELC alleged there has been a pattern of rulings that showed a “strong bias” toward the Environment Department and two of the data center’s developers: Oracle and Yucca Grown Infrastructure.
“We’re hopeful that, if this process moves forward, impacted community members and supporting organizations will not only have a say in the selection of the next hearing officer, but will also be provided all constitutional guarantees we are entitled to,” said NMELC Senior Staff Attorney Maslyn Locke.
Meanwhile, the NMED said once the court “lifts the stay on administrative proceedings, the Department will appoint a new hearing officer.”
The NMED also said it’s preparing to file a response to the court’s order, which has a response deadline for Sept. 2.
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