Does our County Commission care more for Project Jupiter than for following state transparency laws or protecting our environment?
The project promises jobs, but will have a huge negative impact on our environment, and seriously undermine the state’s ambitions to cut our greenhouse gas production and help combat climate craziness. Too few of the proponents’ many promises appeared in the contract; and that contract is enforceable solely against the specific entity that signed it. If that goes belly-up, the real owners just laugh at those promises.
The process was embarrassing and likely unlawful.
Commissioner Susana Chaparro objected to approving a contract marked “draft,” containing blank pages and material she hadn’t seen. State Senator Jeff Steinborn was appalled that the Commission approved material with missing pages. A lawsuit alleges that the County approved industrial development bonds that didn’t meet certain requirements, including environmental impact.
County Commissioners should not have been reading project documents marked secret, and being told not to let us seem them. Legal concerns were then exacerbated when the Commission, approving the deal, authorized Commission Chair Christopher Schaljo-Hernandez to tinker with it. After local journalist Heath Haussamen criticized the deal, he received a “final” version of the contract that seemed to make some vague promises enforceable. Days later, there was a new version. Chaparro said, “There is no permanent document yet, even though we’ve already voted on it, and that is just wrong.”
The Open Meetings Act requires such decisions to be made in front of us. Sure, the Commission can delegate purely ministerial tasks such at signing it and filling in the effective date, and that sort of non-substantive change; but where changes actually alter the parties’ obligations to each other, in substantive ways, large or small, that’s not allowed.
For example, such AI data center campuses normally use huge amounts of water for cooling. In a desert suffering from serious drought, that matters. Responding to critics, proponents promised that this was not really a problem because a closed-loop cooling system would minimize water usage. Otherwise, this thing could wipe out water supplies of poor citizens in the south county. Altering such a material provision, after the vote, can’t be consistent with the open meetings law. All commissioners must be heard, either representing their constituents or honestly own a failure to do so. We should have some theoretical chance to talk a little sense into them.
Huge power requirements and environmental degradation are issues. This will be a data center campus. It will definitely use vast amounts of energy – and could possibly keep using gas-fired electricity plants for more than the next twenty years. Elsewhere, the plants have significantly increased people’s electricity costs.
The Open Meetings Act seems quite clear. Further, NMAG Opinion 98-01 confirms that ministerial acts (signing, executing, transmitting) are not “meetings” under the Act. More substantive changes would be. The New Mexico Foundation for Open Government sees this as a clear OMA violation, and likely will tell the county so.
Schaljo-Hernandez says the deal is complete, and follows the Memorandum of Understanding, and denies that laws were violated. But bond closing dates keep shifting.
We’ll eventually see what a judge or the present state attorney-general thinks. Meanwhile I’d hate to be the bond attorney who has to give an unqualified opinion that the bonds were properly approved. Or a Santa Teresa family worrying about water availability and electricity rates.
Or someone who likes to breathe.
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[The above column appeared today, 9 November 2025, in the Las Cruces Sun-News and will presently be on the newspaper’s website and KRWG’s website (under Local Viewpoints). A shortened and sharpened radio commentary version of this Sunday column will air during the week on KRWG (90.1 FM) and on KTAL-LP (101.5 FM / http://www.lccommunityradio.org/). That website also contains station show archives.]
[I wrote the column a couple of weeks ago, but screwed up sending it in. Last week, the situation was still unsettled, and it appeared that the lawsuits and legal questions might be holding things up. Whatever the legal rulings turn out to be, this has been a sloppy and embarrassing performance by our county commissioners, many of whom I have respected for years.]