NEWS
Ethics Commission settles lawsuit over Project Jupiter ads
Disclosures report builder funded $3.67M campaign
LAS CRUCES 鈥 The New Mexico State Ethics Commission on Tuesday announced a settlement with Virginia-based Elevate New Mexico over alleged unlawful acts involving an advertising campaign supportive of Project Jupiter, the large-scale data center under construction in Santa Teresa.
The commission filed a civil lawsuit in April alleging that the corporation violated the state鈥檚 Lobbyist Regulation Act in seeking to influence a decision by the New Mexico Environment Department鈥檚 Air Quality Bureau on air-quality permits for the project, without registering its lobbying activity and disclosing its financial contributors or how much money was spent.
鈥淏y enforcing the Lobbyist Regulation Act, the State Ethics Commission ensures that this information is publicly available, allowing New Mexicans to evaluate advertising campaigns with an understanding of who financed them, the magnitude of the financial resources behind them, and how those resources were deployed,鈥 SEC Deputy Director Amelia Bierle stated in a news release.
Under the , executed by the parties on July 24, Elevate New Mexico agreed to file with the Secretary of State鈥檚 Office and make campaign finance disclosures. that the campaign was funded with nearly $3.67 million in contributions solely from Yucca Growth Infrastructure LLC, the applicant seeking permits for two natural gas power facilities on the Project Jupiter campus.
Elevate that it spent over $419,478 in advertising, including $85,898 to digital marketing and consultant Analytics Pros Inc.; $80,421 to Meta Platforms, which owns Facebook and Instagram; $52,415 to Wilkins Media for billboards and other advertising; $51,468 to Malbert Media for the direct mail campaign; and $42,500 to Continuum Media for TV ads. The expenditures also included advertising purchases for television stations and print publications, including the Journal.
The advertising campaign ran during February and March, while the agency sought public comment on the permit applications. The campaign included direct mail, digital advertisements on social media sites and a website, according to the lawsuit. The website included an online portal through which visitors were encouraged to submit comments supporting the permits.
Under the settlement terms, Elevate New Mexico denies any wrongdoing while consenting to the legal disclosures. The agreement does not include any financial penalty, and both parties agreed to pay their own legal expenses.
In a statement provided to the Journal, Steve Roberts, Elevate New Mexico鈥檚 counsel, said, 鈥淎s reflected in the settlement agreement with the New Mexico State Ethics Commission, Elevate New Mexico has complied with all relevant disclosure laws for its outreach to New Mexicans. However, in the spirit of good faith, we agreed to file the requested disclosures. We appreciate the opportunity to resolve this matter.鈥
The commission said it filed the lawsuit after Elevate declined to comply with the law voluntarily.
鈥淧roject Jupiter has attracted widespread public attention because of its potential economic, environmental, and energy impacts for New Mexico,鈥 Bierle said. 鈥淭hese disclosures reveal the significant financial resources devoted to influencing both the public and, indirectly, the NMED officials considering the permits required for Project Jupiter.鈥
Algernon 顿鈥橝尘尘补蝉蝉补 is the Journal鈥檚 southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.
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