The Doña Ana County Commission held a hearing on funding for Project Jupiter on Sep.19, 2025. Photo by Leah Romero/Source NM
NMELC News:
LAS CRUCES — On Friday, Feb. 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 Sep. 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.
Known as one of New Mexico’s “sunshine laws,” the Open Meetings Act (OMA) requires that government public bodies, like the Board, conduct all public business in full public view, and all of the Board’s deliberations and actions be open to the public – so as to ensure the public can meaningfully and fully be informed and participate in government decisions.
The OMA allows the Board to move into closed session – a private meeting without the public present – during an open public meeting only under very limited circumstances. The Board must provide public notice of a closed meeting in advance and immediately before moving into closed session, with reasonable specificity, to the public.
The Board failed to comply with these requirements, and instead abruptly moved into closed session, without providing proper notice on the meeting agenda of the closed session and failing to reasonably specify the applicable exception and subject matter to be discussed, which NMELC argues violates the Open Meetings Act.
NMELC seeks a Court order vacating the two ordinances, as well as a return of all funds already distributed by Doña Ana County, pursuant to the ordinances, and any contractual agreements and payment commitments made pursuant to the ordinances be considered void.
NMELC Staff Attorney Kacey Hovden said, “The sunshine laws in our state, like the Open Meetings Act, exist to ensure that when public government bodies make decisions that stand to impact communities’ health, safety, environment, and lives – these decisions are made in the public eye where community members have the opportunity to meaningfully participate and inform the outcome of their futures.”
A recording of the September 19 hearing is available here, with the alleged OMA violation beginning at 1:00:50.
The Open Meetings Act lawsuit comes after a previous lawsuit against the Board for its failure to adequately consider the impacts of Project Jupiter and the Board’s decision to issue $165 billion in Industrial Revenue Bonds and additional public funding for Project Jupiter.