NMFOG News:
LAS CRUCES – The New Mexico Foundation for Open Government (NMFOG) has filed a lawsuit against the Doña Ana County Board of Commissioners for release of emails and other communications related to construction of a data center in Southern New Mexico known as Project Jupiter.
The county’s refusal to allow inspection of these public records violates the state Inspection of Public Records Act (IPRA), and NMFOG is asking the Third Judicial District Court to order the county to release the records as required by IPRA.
At a meeting on Sept. 19, 2025, the Doña Ana County commissioners met in an illegal closed session in violation of the state Open Meetings Act (OMA) and subsequently approved $165 billion in industrial revenue bonds to support construction of Project Jupiter.
NMFOG and at least one other group sent letters to Doña Ana County notifying the commissioners of the OMA violation. When NMFOG asked the county to release all communications it received complaining of the OMA violation, they said they had none. Earlier this month, NMFOG requested emails about the construction of Project Jupiter. The county told NMFOG that the emails are confidential and can’t be released because they fall under IPRA’s exception for state “tactical response plans […] that could be used to facilitate the planning or execution of a terrorist attack.”
The requested emails are not “tactical response plans”, and the county’s response that it had “no responsive records” for NMFOG’s request for communications about the OMA violation was not true. By refusing release of these records, Doña Ana County is flouting its responsibility to comply with New Mexico’s transparency laws.
NMFOG filed this lawsuit as part of its mission to protect the public’s “right to know,” and hold accountable government agencies who unlawfully keep their activities secret.
For inquiries related to the lawsuits, please contact Amanda Lavin, NMFOG legal director, at amandalavin@nmfog.org. A copy of the lawsuit can be found on NMFOG’s website at nmfog.org.