NMELC FILES LAWSUIT AGAINST DOÑA ANA COUNTY COMMISSION FOR OPEN MEETING ACT VIOLATIONS COMMITTED DURING SEPTEMBER 19 PUBLIC HEARING ON PROJECT JUPITER 

The Lawsuit Alleges That the Doña Ana County Board of County Commissioners Unlawfully Closed its Public Meeting Without Notice to the Public

February 6, 2026

Las Cruces, NMOn Friday, February 6, 2026, New Mexico Environmental Law Center filed a second lawsuit against the Doña Ana County Board of Commissioners in the Third Judicial District Court, for violating the New Mexico Open Meetings Act. 

On September 19, 2025, during a regular open meeting and public hearing by the Doña Ana County Board of Commissioners (Board), the Board moved into closed session without proper notice and reasonable specificity for the closed session, in violation of the New Mexico Open Meetings Act.

The hearing was held to consider the adoption of two ordinances that would forgo local tax revenue for the community of Doña Ana County and authorize the release and issuance of over $165 billion in public funds to three unnamed corporations for the development of “Project Jupiter,” the massive and highly controversial data center project now under construction in Santa Teresa, NM. …

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