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Bold Legal Action
Protecting people against corporate greed and destruction of the land contamination by holding the utilities accountable.


LET'S BE REAL...BUSINESS AS USUAL ENDS IN CATASTROPHE, NOT ONLY FOR HUMANITY BUT FOR ALL LIVING THINGS
Yesterday a NY times reporter covered the public announcement of an Anthropic researcher and former Open AI employee who just resigned because “neither company is acting responsibly.” He wrote that the two leading A.I. labs are sprinting to build “superhuman systems that can hack anything, revolutionize any field overnight, and acquire real power and resources” without building in appropriate safeguards. Another Anthropic employee admitted that "he believed the risk of A.I.’s
Sep 10


Appointed PRC passes rules to further erode democratic rights of public and intervenors in utility cases
We've seen this playbook before. The Trump administration has moved to fast track permitting procedures for fossil fuel projects, issued new rules proposing to eliminate public comment on data center air permit proceedings, and reduced permit reviews for power plants to 45 days. Now the Governor's handpicked PRC has voted to approve a slate of new rules to limit the ability of the public and intervenors to participate in PRC hearings, even as they acknowledge that the powerfu
Sep 9


State Land Commissioner rejects Spaceport Data Center and NM Attorney General supports our petitions against Project Jupiter at NM Supreme Court. But PRC passes rules to limit rights at hearings.
Today the State Land Commissioner, Stephanie Garcia Richard, informed the Sierra County Commission that the State Land Office will respect Sierra County's recently passed data center moratorium ordinance and "will not be approving any data centers, including the proposed Aetherion sublease at Spaceport America." This principled stance is important because Spaceport operates on state trust lands and, in general, local governments cannot regulate state activities on state lands
Sep 3


NM Supreme court rejects Project Jupiter bid to vacate stay. Also, PRC admits it doesn't understand the law governing mergers right after approving the buyout of NM Gas Company.
Breaking news - today Project Jupiter's bid to lift the NM Supreme Court's stay on the air quality permit proceeding was DENIED. Evidently the Justices were unmoved by their false insistence that the permit deadline is set in stone, or that the other parties in the case should be forced to proceed with submitting testimony when discovery and due process were denied. The Air Permit hearing remains on hold pending the NM Supreme Court's decision on our Writ of Mandamus request.
Sep 1


Groundbreaking study quantifies the loss of water resources directly attributable to fossil fuel companies in the western United States
A groundbreaking new study has identified specifically who is responsible for the loss of over a third of the typical annual snowpack in the Western United States between 2014 and 2024, and decreased streamflows of about 13 percent. The authors found that about half of those losses - 40 to 64% - are attributable to emissions from the “carbon majors,” 122 fossil fuel companies and cement producers responsible for the majority of carbon emissions. Who are those "carbon majors"
Aug 28


NM Supreme Court yesterday granted our motion to Stay Project Jupiter air permit proceeding.
In a significant victory for due process and meaningful public participation, the New Mexico Supreme Court last night granted New Energy Economy’s emergency request to stay the Project Jupiter air-permit proceeding, stopping the New Mexico Environment Department (NMED)’s expedited administrative process until further order of the Court. In a unanimous Order, Chief Justice Julie J. Vargas and Justices Michael E. Vigil, C. Shannon Bacon, David K. Thomson, and Briana H. Zamora o
Aug 24


Today we filed an Emergency Stay and Writ at the NM Supreme Court to demand due process in the Project Jupiter air permit hearing
Today we filed an emergency request with the New Mexico Supreme Court seeking a temporary stay and writ of mandamus to halt the New Mexico Environment Department’s (“NMED”) air-permit proceeding for Project Jupiter until the constitutional right to a fair hearing is protected. Our request does not ask the Supreme Court to decide whether Project Jupiter should receive an air permit. It is asking the Court to ensure that NMED provides opponents a meaningful opportunity to inve
Aug 19


Come one, come all! The Project Jupiter Clown Show continues
We thought it was bad when the Hearing Examiner set the date for Project Jupiter's Air Permit hearing in October and then reversed himself, setting a September 14th date. We couldn't believe the naked subversion of the justice system when he demanded Project Jupiter respond to our Motion to Dismiss because they don't have a gas pipeline - and then reversed that decision just a few short days later. Now we can only laugh in disbelief after he issued an Order yesterday rejectin
Aug 13


Gov MLG fiddles with the law, adding fossil fuels to the fire, while New Mexico burns
Remember when the Governor was caught putting her finger on the scale to try to get reuse of fracking waste "over the finish line" for oil and gas? She's at it again. Deja Vu! First she was caught trying to fast track approval for Class VI well regulations favored by fossil fuels at the Oil Conservation Division, and now she's trying to shove a sham Project Jupiter hearing down our throats before she leaves office. That day can't come soon enough! How do we know the fix is in
Aug 11


Show Cause! Important Motions filed in Project Jupiter and Blackstone cases.
On Tuesday New Energy Economy filed a Motion to Dismiss Project Jupiter's pending air pollution permit application arguing that the New Mexico Environment Department should not conduct a costly, multi-day evidentiary hearing on a project that cannot presently be built because its only identified fuel source has been denied by the State Land Commissioner. Project Jupiter’s proposed 2.46-gigawatt onsite power plant requires approximately 400 million cubic feet of natural gas ev
Aug 6


New Energy Economy Will Appeal PRC decision to sell out New Mexicans in NM Gas Company buyout case
On Wednesday at 4:23PM we published an email commending the Hearing Examiner on the Project Jupiter Air Permit hearing for ignoring their false "emergency" claims and reaffirming the planned October 19th hearing date during a Monday procedural meeting. Then at 4:38PM an NMED lawyer filed a request for positions on a proposed alternate schedule - a September 14th hearing date - that violates the due process rights of intervenors, making the timing for dispository motions, disc
Jul 31


So, did Blackstone comply? No, they did not.
First important developments on Project Jupiter. On Monday the Hearing Examiner confirmed that the Air Permit proceeding is not concerned with Oracle and OpenAI's poor decision to begin construction before an air permit is issued, or with their financial losses related to that decision. Over the objection of Project Jupiter and Jennifer Bradfute's "emergency," the order to begin the public hearing on October 19th stands, and the right of intervenors to ask discovery questions
Jul 29


Local victories vs State complicity
This week on Tuesday the Sierra County Commission met to discuss passage of a resolution opposing data centers. Instead, after more than an hour of impassioned public comment organized by a grassroots group calling themselves Project Consequences, the Commission unanimously passed an 18 month moratorium on data center development in Sierra County. Yesterday Rio Arriba County Commissioners took proactive steps as well, with the urging of local residents and Española Indivisibl
Jul 24


If it sounds like collusion and smells like collusion.. can we call it collusion?
Why did NMED, the state "Environment Department," charged with the mission "to protect and restore the environment and to foster a healthy and prosperous New Mexico for present and future generations," argue in support of Project Jupiter's absurd and insulting demand for an expedited August hearing on their enormous air pollution permit application? The timeline proposed would have required intervenors to file any dispositive motions within two days of Wednesday's procedural
Jul 17


Tell NMED - Let us live! Last day to ask them to reject Project Jupiter's air pollution application
On Friday we mistakenly wrote that the final day to comment was January 6th. That day is today. July 6th. If you have not already done so, please join us in asking NMED to reject Project Jupiter's plan to pollute our air with another 10 million tons - 20 billion pounds - of climate destroying CO2 every year. A monstrous crime against humanity and ecology, solely for the profit of Sam Altman and Larry Ellison. If ever there was a time to Rage Against the Machine, today is that
Jul 6


Hearing Examiners Order at 5PM Yesterday: Blackstone Acquisition of PNM on HOLD until compliance with unwinding of illegal stock purchase determined.
Yesterday the PRC issued an order affirming the findings of the Hearing Examiners in the Blackstone/TXNM acquisition case: Blackstone and TXNM intentionally and knowingly violated NMSA § 62-6-12, completing a $400 million stock transaction without first obtaining the approval required by the Public Utility Act. Just before 5PM yesterday the Hearing Examiners issued an order granting a Joint Motion we filed in June asking that any hearing on the merits of the merger must be po
Jul 3


PRC Finds Blackstone and TXNM violated the law! Penalties ordered, and ratepayers to be held harmless
Today the PRC issued an order affirming the findings of the Hearing Examiners in the Blackstone/TXNM acquisition case: Blackstone and TXNM intentionally and knowingly violated NMSA § 62-6-12, completing a $400 million stock transaction without first obtaining the approval required by the Public Utility Act. The Commissioners further upheld the Hearing Examiners recommendation that maximum penalties will be levied against TXNM, Troy TopCo, and Troy ParentCo, $300,000 ($100,000
Jul 2


Yesterday Santa Fe County Commissioners listened to the people and passed a model data center moratorium
On Tuesday the Santa Fe County Commission voted unanimously to adopt an 18 month Data Center Moratorium Ordinance to allow time for study and adoption of critical regulations to protect against data center harms in Santa Fe County. Hundreds of you emailed the Commissioners, and dozens showed up at the meeting to ask for critical amendments to the published draft. The result? A strong ordinance that will protect Santa Fe County residents and serve as a model for counties acros
Jul 1


ABQ Journal Admits: We might have made a mistake. Now we must make the best of it.
On Thursday the PRC will make a momentous decision - do they concur with the Hearing Examiners (HE) who found that Blackstone and PNM broke the law when they deliberately chose not to get prior approval before consummating their $400M stock transaction, and critically, what impact will that have on Blackstone's plan to buy our electric utility. The HE politely suggested that Blackstone and PNM should resubmit their application. We have argued that because the HE found that th
Jun 30


Proposed Data Center Moratorium Ordinance will be heard by Santa Fe County Commission on Tuesday the 30th. The draft has a hyperscale sized loophole that must be amended.
An ordinance proposed for discussion at a 2:00PM June 30th meeting of the Santa Fe County Commission would impose a one-year moratorium on the development of qualifying data center facilities in Santa Fe County, giving the County time to study and develop a framework for governing data center development. We applaud Santa Fe County Commissioners for proactive consideration of a data center moratorium to allow for the development of comprehensive protective regulations in San
Jun 23
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