ϼ

SOUTHERN NEW MEXICO

New lawsuit claims county withheld public documents on Project Jupiter

Complaint says county claimed terrorist threat as basis for restricting emails

A recent aerial view of the Project Jupiter data center construction site in Santa Teresa.
Published Modified

LAS CRUCES — As community opposition to the construction of a hyperscale data center for Oracle and OpenAI continues without relent, Doña Ana County faces a new from the New Mexico Foundation for Open Government over the transparency of its deliberations.

The foundation made a public records request in November seeking all communications the county received regarding an alleged Open Meetings Act violation. During its Sept. 19 meeting, the Board of County Commissioners went into closed session in the middle of deliberations about tax incentives and a contract pertaining to investments, reporting requirements and other guarantees required of developers of the data center known as Project Jupiter.

According to a civil complaint filed Monday in New Mexico’s 3rd Judicial District, the county initially said the request was “burdensome” and required additional time, only to notify the foundation four weeks later that it had “no responsive documents to produce.”

The lawsuit claims that would have included the foundation’s own letter to the county notifying them of the apparent OMA violation, as well as a similar request from the New Mexico Environmental Law Center.

“Given Defendant Doña Ana County’s inaccurate statement that it had no responsive records to produce, it is unknown whether additional public records responsive to this request exist,” the lawsuit claims.

Additionally, the lawsuit claims the county violated the public records law’s requirement that records be furnished in no more than 15 days — and only then for broad or burdensome requests — by waiting a month to tell the foundation it had no records.

Opponents of Project Jupiter display signs during a Doña Ana County commission meeting on June 9..

Further, the complaint states that some requested documents pertaining to the project’s construction were withheld based on a claim they were “tactical response plans (…) that could be used to facilitate the planning or execution of a terrorist attack.”

The Environmental Law Center had requested construction drawings, permits and inspection reports, the complaint states, and were provided some responsive documents while 29 emails were not disclosed. The county allegedly cited a provision in New Mexico’s public records law that creates an exception for tactically sensitive information. When the foundation requested the emails, the request was denied under the same exception.

“The emails requested here are not governmental tactical response plans or procedures,” the complaint states. “They are electronic communications relating to public business and maintained by a public body, and therefore subject to inspection under (the Inspection of Public Records Act).”

The lawsuit seeks a court order directing the county to provide the records and to award damages and legal costs. violations of IPRA by public bodies can amount to as much as $100 per day.

The historic $165 billion industrial revenue bond supporting the project does not entail borrowing or expenditures by the county, but does shield the project’s developers from regular property taxes over the service life of the data center.

County residents have filed separate lawsuits challenging the county’s approval of the ordinance enacting the IRB, arguing that commissioners approved the document based on incomplete information, in addition to the New Mexico Environmental Law Center’s claim that the commissioners broke the law by discussing the vote in closed session in the middle of their Sept. 19 meeting.

The county declined to comment on the pending litigation. 

Algernon ’A is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.