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Turn Off the Tap: New Mexico Supreme Court Grants Two Emergency Stays Against Project Jupiter

The Court has halted both the air-quality permit proceeding and the emergency authorization allowing groundwater to be used for Project Jupiter’s construction.

Elaine Cimino, Aug 24, 2026, https://elainecimino652909.substack.com/p/turn-off-the-tap-new-mexico-supreme?utm_source=post-email-title&publication_id=3194544&post_id=212499998&utm_campaign=email-post-title&isFreemail=false&r=281p2&triedRedirect=true&utm_medium=email

On Sunday evening, August 23, the New Mexico Supreme Court issued two separate emergency stays affecting Project Jupiter—one stopping the air-quality permit proceeding and another stopping the use of water from a newly drilled well for construction.

These are significant victories for the residents, organizations and advocates fighting to protect New Mexico’s air, water and right to meaningful public participation.

Supreme Court stays the air-permit proceeding

In the first case, brought by New Energy Economy, the Supreme Court stayed the administrative proceeding involving Yucca Growth Infrastructure’s application for Air Quality Permit No. 10883.

The order states:

“The request to stay the underlying administrative proceeding is GRANTED, and the underlying administrative proceeding is hereby STAYED until further order of this Court.”

The case names Environment Secretary James Kenney, his designee John Rhoderick, the New Mexico Environment Department and hearing officer Max Shepherd as respondents.

New Energy Economy sought the emergency stay while the Court considers its verified petition for a writ of mandamus. The organization challenged the process being used to advance the massive air permit and the public’s ability to participate meaningfully in the proceeding.

The respondents must file their response by September 2, 2026.

Supreme Court turns off the tap

Minutes later, the Supreme Court issued a second order in a case brought by the Center for Biological Diversity against State Engineer Elizabeth Anderson.

That order stays the October 23, 2025 emergency drilling authorization permitting water from a new well to be used for Project Jupiter’s construction.

The Court ordered:

“The request for stay is GRANTED, and the October 23, 2025, emergency drilling authorization permitting the use of water from a new well for the construction of Project Jupiter is hereby STAYED until further order of the Court.”

Santa Teresa Capital, LLC, is identified as the real party in interest.

The State Engineer’s response is also due by September 2, 2026.

Stop the air permit. Turn off the tap.

Together, these orders halt two critical parts of Project Jupiter’s approval and construction process:

• The administrative air-quality permit proceeding is stayed.
• The emergency authorization allowing groundwater from a new well to be used for construction is stayed.

These orders are not yet final decisions on the two petitions for writs of mandamus. The Supreme Court has not ruled on the ultimate merits of either case. But the Court has determined that both matters should be stopped while it considers the legal challenges.

That is a major procedural victory.

Project Jupiter cannot be allowed to advance through a pattern of concealment, rushed proceedings and emergency authorizations while communities are denied the information and time necessary to protect their air, water and health.

These two stays show why people must continue protesting, organizing, documenting and demanding accountability. Public resistance matters. Legal action matters. Refusing to accept an unjust process as inevitable matters.

Congratulations to Mariel Nanasi and New Energy Economy, the Center for Biological Diversity, attorneys Collin Cox and Gail Evans, the residents who protested outside NMED, and everyone who has fought to bring Project Jupiter into the light.

Two stays. Two critical resources protected.

Stop the air permit. Turn off the tap. The fight continues—but tonight, New Mexico’s communities have reason to celebrate.

August 28, 2026 - Posted by Christina Macpherson | Legal