Dusoma Dossiers: Using AI to Fight AI.
While Oracle is currently continuing construction on buildings that fall outside the suspended air quality microgrid permit, several statutory frameworks and regulatory mechanisms can be leveraged by legal teams and community activists to challenge the current phase of construction or force broader air quality oversight.
https://searchlightnm.org/project-jupiter-construction-continues-despite-permitting-pauses/
Legal Frameworks & Regulatory Angles
1. N.M. Code R. § 20.2.72.200 (Stationary Source Thresholds)
- The Threshold: Under 20.2.72.200 NMAC, any stationary source with a potential emission rate exceeding 10 lbs/hour or 25 tons/year of regulated criteria pollutants (e.g., PM10, PM2.5, NOx, SO2) must obtain a construction permit before work begins.
- The Legal Challenge: Challenge whether heavy-equipment operations, concrete mixing plants, or permanent emergency backup generators (diesel/gas) on site independently hit these emission thresholds, rendering the building construction invalid without pre-construction clearance.
2. N.M. Code R. § 20.2.23 (Fugitive Dust Control – Doña Ana County)
- The Rule: Southern New Mexico has specific rules under 20.2.23 NMAC governing fugitive dust. Heavy earthmoving, grading, site clearing, and active construction disturbing soil generate PM10 emissions.
- The Activist/Legal Action: File administrative complaints or seek preliminary injunctions based on non-compliance with regional fugitive dust control measures or local wind erosion ordinances (e.g., failing to control dust during high-wind events).
3. “Piecemealing” & Source Aggregation (Anti-Segmenting)
- The Strategy: Regulators generally prohibit splitting a single major facility into smaller components to bypass permitting thresholds (“piecemealing”). Lawyers can argue that the building structures and the microgrid/fuel-cell system are single, interdependent facility operations under state law. Constructing one part while the power infrastructure permit is under a court-ordered stay violates the intent of pre-construction permitting requirements under 20.2.72 NMAC.
4. Local Land Use & Emergency Injunctions
- Seek an emergency preliminary injunction in state district court citing irreparable environmental harm, alleging that ongoing site activity violates ambient air standards or exceeds local zoning authorization.
Actionable Steps for Activists & Community Legal Teams
- Document Daily Site Activity: Track active heavy machinery, vehicle trips, unpaved road dust, and welding/cutting activities to calculate cumulative fugitive dust (PM10) and diesel exhaust emissions.
- Submit Administrative Complaints: File formal complaints with the New Mexico Environment Department (NMED) Air Quality Bureau regarding ongoing fugitive dust violations.
- File Motion for Emergency Stay Extension: Petition the New Mexico Supreme Court or District Court to expand the scope of the current permit stay, asserting that site activity forms an integrated facility that cannot be severed.
Sample Facebook Post
#ProjectJupiter #SantaTeresa #EnvironmentalJustice #NewMexico #KeepNMGreen
🚨 PROJECT JUPITER UPDATE: Oracle is still building—here is how we stop it! 🚨
Oracle claims they can keep building around Santa Teresa because individual structures “don’t need air quality permits.” But dust, heavy diesel equipment, and welding DO impact our air quality—and we have the legal tools to fight back.
Here’s what we are demanding and how lawyers & community members can take action right now:
🛑 Stop Piecemealing: The data center and its power plant are ONE facility. Building the shell while the microgrid permit is paused violates pre-construction laws under New Mexico air regulations (20.2.72 NMAC).
💨 Enforce Fugitive Dust Rules: Groundwork and heavy equipment emit massive amounts of dust (PM10). Under NM’s Fugitive Dust rules (20.2.23 NMAC), site activity must adhere to strict dust mitigation.
⚖️ Request an Expanded Injunction: Legal advocates are calling on courts to halt ALL site activity until full environmental review and due process are honored.
WHAT YOU CAN DO: 📍 Report visible dust plumes or heavy site emissions directly to the NM Environment Department Air Quality Bureau.
📢 Share this post to keep the pressure on state and county officials!