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 day.

We submitted our formal comments, demanding that the Air Quality Bureau reject the permit because it violates the New Mexico Environment Department (NMED)’s mission to “to protect and restore the environment and to foster a healthy and prosperous New Mexico for present and future generations.” Project Jupiter's plan to power its data centers with methane fueled Solid Oxide Fuel Cells (SOFC) is antithetical to that mission.

As we wrote in our comments, the proposed Bloom Solid Oxide Fuel Cells have never been deployed at the scale proposed and the company’s track record and inadequate pollution testing protocol make all estimates provided in the application suspect. To grant a permit based on, essentially, wishful thinking from a company with a track record of deceit and broken promises, is grossly irresponsible. Did you know?

• In 2021 a Delaware judge ruled that Bloom stockholders had a "credible basis" to inspect the company's books over potentially misleading Bloom Energy server degradation and emissions claims. 

• Also in 2021 the company was fined $1.16 million by the EPA for failure to properly dispose of hazardous waste from operation of its SOFC “Energy Servers.” 

• In 2020, Bloom admitted to a massive accounting error that forced them to restate nearly four years of earnings (2016–2019), reducing previously reported revenue by nearly 10%. In 2024 the company settled a related federal securities fraud case (Roberts v. Bloom Energy Corp.) for $3 million, in which it was alleged that Bloom made false and misleading statements regarding its financial health.

• In early June 2026, Bloom Energy’s stock dropped by 10% after a 1.8GW data center contract in Wyoming fell through, with news sources reporting “investors have begun reassessing Bloom Energy’s ability to fulfill its order backlog.” 

• Bloom Energy operates at approximately 1 GW of annual production capacity today. The company has committed $100 million to double that figure to 2 GW by the end of 2026.

• Bloom Energy's expansion to 2 GW annual capacity by the end of 2026 is insufficient given Project Jupiter’s power needs. 

• According to a June 2026, Rystad Energy report, “Bloom Energy’s SOFC technology depends on scandium, a critical metal used in its electrolyte chemistry. At full utilization of its planned 2 GW manufacturing expansion, Bloom’s theoretical scandium requirement would approach the size of the entire global market, currently estimated to be around 60 tonnes per year. This potential bottleneck is compounded by the fact that China heavily controls the global scandium supply chain.” 

• Bloom Energy's expansion is unlikely given its lack of experience with projects of this size, ability to scale production to meet Project Jupiter’s electricity needs, and its ability to obtain the raw materials needed to produce the fuel cells.

The Department shall deny any application for a permit if it appears that the construction of the new source will not be completed within a reasonable time. 20.2.7.208.G NMAC.

Most importantly, if it is built, public health, wildlife and the environment will suffer. The data center will generate extreme heat. An analysis of the project prepared for us by Robert Davies, Ph.D from the Utah State University Department of Physics, calculates that the YGI Microgrid will cause a thermal flux density of approximately: 4.1 × 10⁹ W ÷ 5.66 × 10⁶ m² ≈ 725 W/m², explaining “This is a massive single-site thermal load ― equivalent to something like 10,000 Walmart Supercenters. Roughly speaking, think of a rectangular footprint on the ground of 250 Supercenters stacked 50 deep.”

It will cause crazy-making incessant noise that allows for no escape, toxic air pollutants in an already dangerously compromised community adjacent to oil and gas production air impacts, 10 million metric tons of CO2 that will not only further warm the planet but directly threaten the health of nearby residents, and significant quantities of hazardous waste resulting from scrubbing impurities out of the methane feedstock that will end up being disposed somewhere, as yet undisclosed. 

Who will be affected the most? The people living right next door. The map included in the permit application (highlighted below) conveniently omits their homes from view, but when you expand the view outward just a bit you can see the neighborhood in the top right corner. Those are the people whose health and homes are most at risk.

The law requires that NMED decisions affecting public health must be based on "substantial evidence," and that a permit issued under 20.2.72.210 NMAC must include monitoring, recordkeeping, and reporting requirements that ensure compliance and enable enforcement. Neither of these requirements have been met either.

The permit application is therefore deficient on its face and the law requires that it must be rejected.

We know that Project Jupiter has submitted more than 8000 comments in support of their project, but it is unknown how many are genuine. Multiple people, including public officials, have discovered that comments supporting the project were submitted under their names and email addresses without authorization. We are not surprised. That is how they roll. Now lets show them how the people roll.