Judge: Project Jupiter lawsuit to proceed

LAS CRUCES — One of the lawsuits challenging Doña Ana County’s support of the data center complex known as Project Jupiter will move forward after a state judge dismissed a bid to have the case dropped.

Vivian Fuller and Jose Saldana Jr., two employees of the community organization Empowerment Congress, filed suit with representation by the New Mexico Environmental Law Center last October. They are seeking a judicial review of county commissioners’ approval of $165 billion in industrial revenue bonds and other public incentives, arguing the adoption of ordinances approving financing for the project violated the law and is void.

The Environmental Law Center contends that incomplete information on applications led the commissioners to make their decision without legally required consideration of community impacts.

The county asked state District Judge Jennifer DeLaney to dismiss the lawsuit, which it called “an improper attempt to use the courts to halt legislation they dislike” and claiming that, despite community concerns about economic and other impacts of the data center on the region including Santa Teresa and Sunland Park, no actual injuries resulting from the ordinance had been presented.

In a brief order issued Friday, DeLaney found that the petitioners may be entitled to relief and directed the county to provide the full administrative record for review. Further proceedings have not yet been scheduled.

Project Jupiter is constructing four data centers, business offices and two proposed natural gas power generation facilities that are in the permitting process. The builders are BorderPlex Digital Assets and Stack Infrastructure, developing the facility for Oracle and OpenAI to train AI models. The enormous construction site is a short distance from the Santa Teresa Port of Entry.

In a series of votes last September and October, the commissioners voted to approve an industrial revenue bond agreement, under which the county holds title to the project property and equipment until the bond matures while leasing them back to the developers; and additional tax incentives under the Local Economic Development Act.

The Environmental Law Center filed a separate lawsuit in February alleging the commissioners violated New Mexico’s open meetings law by going into closed session shortly before voting on the industrial revenue bond ordinance on Sept. 19 without making a specific declaration of what would be discussed behind closed doors. That case is pending further proceedings.

Meanwhile, activist Derrick Pacheco, an opponent of the project who was arrested during a county commission meeting after being banned from the county government center, saw his trespassing case dismissed without prejudice, leaving open the possibility that the charges could be refiled, on March 17.

Pacheco had been charged with criminal trespass, resisting arrest and disorderly conduct after attending the meeting in a disguise and attempting to speak. The case was dismissed in county magistrate court after the arresting deputy failed to appear for the hearing.

Pacheco, who is also suing the county over Project Jupiter, said he plans to bring a civil claim to court against the county. “At this time, I am still banned from all Doña Ana County government properties, including the government center, with no end date and no way to appeal besides filing a suit,” he wrote to the Journal.

Community members have called for a new town hall addressing the project. At the commissioners’ meeting on Tuesday, County Manager Scott Andrews said representatives from the project developers would participate, but indicated the meeting would take place in June, rather than by the end of April as Commissioner Susana Chaparro called for. 

Algernon D’Ammassa is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.