Project Jupiter Statement on Construction Permitting

Austin, Texas-Sep 14, 2026

"The Project Jupiter data center campus and the proposed microgrid are separate facilities on separate but adjacent sites, operated by separate companies. Construction to date has been on the data center campus, which does not require an air quality permit and is not part of, or covered by, the microgrid air permit application. The microgrid is subject to its own regulatory and permitting review, including the air quality permit application proceeding that the Supreme Court has stayed. The Court's order stays that administrative proceeding. It does not concern the county permits under which the data center buildings are being constructed, which do not require air permit approvals. We continue to work with state and local officials in New Mexico and Doña Ana County to deliver a responsible data center that will bring billions of dollars in investment and significant job opportunities to the local community.

Yucca Growth Infrastructure is operating in compliance with New Mexico law. New Mexico's Air Quality Control Act defines what types of equipment require a construction permit. Construction permits are required specifically before constructing a stationary 'source.' This is a defined term under New Mexico law. Under NMSA 1978, Section 74-2-2, a 'source' means 'a structure, building, equipment, facility, installation or operation that emits or may emit an air contaminant.' The Department's own rules carry that definition forward: 'stationary source' or 'source' means 'any building, structure, equipment, facility, installation (including temporary installations), operation or portable stationary source which emits or may emit any air contaminant.' 20.2.72.7(EE) NMAC.

The operative words are the last ones. A building that does not have any emissions is not a source because it is a building. It is a source only if it emits or may emit an air contaminant. Here, the source described in Application No. 10883 is the microgrid - which is made up of the fuel cells and their associated equipment. The data center buildings are separate facilities on a separate, adjacent site, that are owned and operated by a separate company.

The New Mexico Environment Department has specific guidance about what types of preconstruction activities may occur on a site while an air permit application is pending for the construction source or stationary source. YGI is following this guidance and has discussed its preconstruction activities with the Department to ensure that it stays in compliance with NMED's rules, regulations, and guidance." - Oracle Spokesperson

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