Oracle said on September 14, 2026, that construction at the Project Jupiter data center campus is separate from the proposed microgrid and is not covered by the microgrid’s air quality permit application. According to the company, the Supreme Court’s stay applies to the administrative proceeding for that application, while the data center buildings are being constructed under county permits that do not require air permit approvals.
The company described the data center campus and proposed microgrid as separate facilities on adjacent sites, operated by separate companies. Oracle said construction to date has taken place on the data center campus and maintained that the campus does not require an air quality permit; the microgrid remains subject to its own regulatory and permitting review.
Oracle also said Yucca Growth Infrastructure is operating in compliance with New Mexico law. The company cited the New Mexico Air Quality Control Act, including NMSA 1978, Section 74-2-2, which defines a “source” as “a structure, building, equipment, facility, installation or operation that emits or may emit an air contaminant.” It also cited 20.2.72.7(EE) NMAC, under which a “stationary source” or “source” includes specified facilities or equipment that emit or may emit an air contaminant.
Based on those provisions, Oracle argued that a building without emissions is not a source merely because it is a building. The company said the source identified in Application No. 10883 is the proposed microgrid, consisting of fuel cells and associated equipment, rather than the data center buildings on the separate adjacent site.
Oracle said the New Mexico Environment Department has guidance governing the preconstruction work that may occur while an air permit application is pending for a construction source or stationary source. It said Yucca Growth Infrastructure is following that guidance and has discussed its preconstruction activities with the department to ensure compliance with the agency’s rules, regulations and guidance. Oracle added that it continues to work with New Mexico and Doña Ana County officials, while asserting that the project will bring billions of dollars in investment and significant job opportunities to the community.