Court Filings
NMELC v. Doña Ana County Board of County Commissioners
- Court: Third Judicial District Court, New Mexico
- Attorney for plaintiffs: Kacey Hovden, New Mexico Environmental Law Center
- Filed: February 6, 2026
- Status: Active — county’s motion to dismiss denied March 2026; preliminary injunction denied; case proceeds on merits. STACK Infrastructure and Oracle (Green Chile Ventures) allowed to intervene as defendants.
- Allegations: Open Meetings Act violations at September 19, 2025 commission meeting (illegal closed session; delegation of signing authority without public vote)
DOJ/AG Complaint
- Filed by: Doña Ana County resident
- Filed: December 8, 2025
- Status: Unknown
- Allegations: OMA violations at September 19, 2025 meeting
Air Permits (NMED)
Yucca Growth Infrastructure — East Microgrid (formerly “Acoma LLC East”)
- Permit type: Air construction permit (state minor source)
- Stated NOx: 249.97 tons/year
- Status: Application originally flagged incomplete December 2025; public hearing scheduled; decision delayed to July 21, 2026
- Note: 0.03 tons/year below the 250 ton/year Title V major source threshold
Yucca Growth Infrastructure — West Microgrid (formerly “Acoma LLC West”)
- Permit type: Air construction permit (state minor source)
- Stated NOx: 248.9 tons/year
- Status: Same as above; same public hearing
- Combined NOx: ~499 tons/year — exceeds Title V threshold if sources are aggregated per EPA three-part test
The legal issue: Both applications are on the same site, same ownership, same SIC code. Under EPA’s three-part aggregation test, they must be treated as a single source. A combined ~499 ton/year source would require a Title V permit and potentially PSD/NSR review, which NMED is avoiding by treating them separately.
Water Permits (NM Office of the State Engineer)
Water Transfer — Agricultural to Industrial
Project Jupiter is sourcing water through transfer of agricultural (sod farm) permits in the Lower Rio Grande Basin. The NM Office of the State Engineer confirmed actual projected consumption of approximately 1,000,000 gallons/day — 50× the publicly stated 20,000 gallons/day figure.
EPA Permits
NPDES Stormwater Permit NMR1007GT
- Issued to: Clayco / Kiewit
- Issued: October 2, 2025
- Construction window: Through December 31, 2027
- Note: Notice of intent filed September 18, 2025 — one day before the county commission vote
FERC Proceedings — Green Chile Project Gas Pipeline
Docket
- Project: “Green Chile Project” — 17-mile natural gas pipeline to fuel Jupiter microgrids
- Status (April 2026): Environmental groups filed formal challenges; FERC staff filed own protests (incomplete application, missing historical/cultural site reviews); NM State Land Office denied pipeline segments on state land
- Significance: Without the pipeline, the microgrids have no fuel source. The pipeline is a prerequisite for the entire power supply plan.
- Where to comment: FERC eComment — search “Green Chile Project” or pipeline applicant name
Contracts
BorderPlex / NMSU Contract ($30,000)
- Signed: February 25, 2025
- Same day as: Governor’s MOU with BorderPlex
- Key provisions: NDA requiring NMSU to notify BorderPlex of IPRA requests; assist BorderPlex in fighting public records releases; mark documents proprietary at BorderPlex’s request
- Source: Heath Haussamen, Source NM (September 2025)
- Public records: IPRA filed with NMSU for full contract and all related correspondence
Governor’s MOU — BorderPlex Digital Assets
- Signed: February 25, 2025
- Signed by: Rob Black (NM Economic Development Department)
- Note: Signed seven months before the September 19, 2025 county vote that was publicly presented as the project’s authorization
Legislation
HB 137 — Strategic Water Supply Act
- Signed: April 2025
- Purpose: Created $75M state desalination fund
- Administrator: Rob Black (EDD) — same official who signed the BorderPlex MOU
- Relevance: Doña Ana County is seeking $25M from this fund to build the desalination plant Jupiter’s water supply requires. The Governor created the funding mechanism for Jupiter’s water infrastructure shortly after committing the state to Jupiter itself.
Public Comment Opportunities
NMED Air Permit Public Hearing
- Date: July 21, 2026
- How to comment: NMED Air Quality Bureau — search permit applicant “Yucca Growth Infrastructure”
- What to say: Demand aggregated Title V review; cite 499 tons/year combined NOx; cite Doña Ana County ozone nonattainment status; cite 50× water discrepancy; cite corporate rename and permit-splitting strategy
FERC Pipeline Docket
- Search “Green Chile Project” at FERC eComment
NM Ethics Commission
- Complaint form at ethics.nm.gov
- Reynolds deadline: September 2026
- Schaljo-Hernandez: no deadline
NM AG Open Government Division
- File OMA complaints at nmag.gov