New Mexico Data Center Investment Tracker

One-year moratorium after 2+ months of opposition. A resident suit alleges $165 billion in industrial revenue bonds were issued for the Oracle/OpenAI development before the Planning and Zoning Commission voted; a judge has allowed an amended complaint to proceed.

On March 20, 2026, New Mexico Commissioner of Public Lands Stephanie Garcia Richard denied Energy Transfer's application to build a segment of a 17-mile natural gas pipeline across state trust lands in Dona Ana County

The Bernalillo Town Council approved a resolution on 28 September 2026 establishing a three-month moratorium on development approvals and development permits for data centers within town limits, citing potential impacts on water and energy resources, so the town can update its ordinances and processes. Mayor Jack Torres said the town would not be in a good position to address community concerns if a proposal arrived now.

The Colfax County Commission voted in August 2026 to adopt a one-year moratorium on data centers in unincorporated parts of the county, the fourth New Mexico county to do so after Santa Fe, Sierra and Socorro counties. The City of Raton, the county seat, voted 3-2 on 22 September 2026 against its own one-year moratorium.

New Mexico Land Commissioner Stephanie Garcia Richard denied, in a letter dated 14 July 2026, Energy Transfer's renewed request to route 0.6 miles of the 17-mile pipeline serving Project Jupiter across state trust lands, after first rejecting applications in March 2026. She said the request was not in the best interest of the state trust. Energy Transfer's Transwestern unit then told federal regulators the Green Chile Project's in-service date had moved from 15 August 2026 to 1 February 2027. Oracle's 8 September 2026 release said its commitments assume the air permit and pipeline are approved as originally planned. In a filing with FERC on Monday 5 October 2026, New Mexico Attorney General Raul Torrez called the commission's environmental review of the Green Chile Project inadequate because it excludes the emissions of Project Jupiter itself, arguing the pipeline has no purpose other than fueling the campus and that NEPA requires a full environmental impact statement rather than an environmental assessment.

Bloomberg News reported on 24 September 2026, citing people familiar with the situation, that Oracle sent a notice citing force majeure to the project's developer, which Bloomberg describes as a unit of Blue Owl Capital. The notice is intended to let Oracle put off payments if Project Jupiter is derailed and fails to come online in 2028 as planned, rather than to exit as the main tenant; Bloomberg said it is not certain the notice would release Oracle from its agreed financial obligations. Reuters, which carried the report, could not independently verify it, and Oracle and Blue Owl did not immediately comment. Oracle shares fell about 4 percent in premarket trading after the report, per Reuters. The notice follows the Financial Times report on 18 September 2026 that the roughly $18 billion of construction loans for the campus were quoted at 89 to 91 cents on the dollar, the New Mexico Supreme Court permitting stays (row 131) and the July 2026 denial of the Green Chile gas pipeline route (row 346). The Wall Street Journal reported on 25 September 2026 that Oracle delivered the notice earlier that week to Stack Infrastructure, the Blue Owl-owned developer, to push back the date at which it pays full rent; the lease, on hell-or-high-water terms per people familiar with it, lets Oracle do so for up to three years, with the lease term extended correspondingly. The first phase had been expected in the third quarter of 2028. Oracle said Project Jupiter remains on its planned schedule and that such notices are commonplace; Blue Owl said the notice does not change the financial commitments. The WSJ also reported that Oracle removed one of its land and power partners, identified by the Daily Caller as BorderPlex Digital Assets, and that about 20 banks provided $18 billion of construction financing with Blue Owl funds contributing about $3 billion of equity. A New Mexico Environment Department spokesman told the Daily Caller News Foundation that no replacement hearing officer had been appointed for the air permit and that 23 November 2026 remains the department's decision deadline. ENR reported on 28 September 2026 that Oracle sent the force majeure notice on 24 September; Oracle Vice President Michael Egbert said in a written statement that Project Jupiter remains on its planned schedule and that such notices do not, by themselves, establish a project delay or change delivery expectations. STACK said it, Blue Owl and Oracle remain fully aligned, and Bloom Energy said Oracle remains committed to its 2.4 GW fuel-cell contract. Oracle said more than 3,600 construction workers are on the campus. The 2,462 MW Yucca Growth Infrastructure fuel-cell microgrid still awaits its NMED air permit (decision deadline 23 November 2026) and the supply pipeline's reported in-service target is February 2027. In a joint statement on 30 September 2026, during flooding across southern New Mexico, Oracle and STACK Infrastructure said floodwater reached the Project Jupiter campus but no critical infrastructure was damaged, and Oracle said the planned timeline is unchanged (American Bazaar, single outlet).

The New Mexico Supreme Court unanimously granted two stays reported 24 August 2026. It halted the New Mexico Environment Department air quality permit hearing set to open 14 September 2026 in Sunland Park on the campus's on-site methane fuel-cell microgrid, and it ordered the Office of the State Engineer to pause emergency authorization of water from a newly constructed well used for construction. New Energy Economy petitioned on the air permit, arguing the department cannot hold a hearing before the project's fuel source is established; the Center for Biological Diversity petitioned on the water authorization. The designated hearing officer withdrew from the case, and a replacement will be appointed after the stay is lifted. Site work continued after the New Mexico Supreme Court order pausing the air quality permit process and the State Engineer water permit, with 2,105 construction workers on site as of 30 June 2026 per Oracle records reported by Searchlight New Mexico. On 8 September 2026 Oracle issued an RFP for 2 GW of new New Mexico renewable generation deliverable between 2027 and 2031, tied to 100% carbon-free matching for Project Jupiter by 2031, and offered up to $1 million for carbon capture research on the Bloom fuel cells On Thursday 17 September 2026 the New Mexico Supreme Court unanimously denied, without comment, New Energy Economy's air-permit petition and the Center for Biological Diversity's air-permit and emergency-well petitions and lifted both stays, so the air permit and State Engineer proceedings can resume; no replacement hearing officer or hearing date had been named. Separately, the FT reported via Reuters on 18 September 2026 that about $18 billion of loans tied to the campus were quoted at 89 to 91 cents on the dollar. As of 25 September 2026 the New Mexico Environment Department had not appointed a new hearing officer for the air quality permit; the department said the new officer will set the hearing schedule once appointed and that 23 November 2026 remains its deadline for a permit decision. On Friday 2 October 2026 New Mexico Environment Secretary James Kenney filed the appointment of retired U.S. District Judge James O. Browning as hearing officer for the Project Jupiter air quality permit proceeding, replacing attorney Max Shepherd, who recused himself in August 2026. No new hearing schedule has been set, and the Santa Fe New Mexican reported that the decision by November sought by the developers now appears unlikely.

Rio Communities, New Mexico, enacted a local data center moratorium or ban, recorded in SAVRN's moratorium tracker as dated August 2026. 365-day moratorium on uses not defined in the zoning code exceeding 20,000 sq ft in commercial, industrial, and manufacturing zones, 4-0 vote; prompted by CBRE marketing 365+ acres as premier data center development site; council also directed staff to draft data center zoning definitions. The measure runs to 26 August 2027 and applies at a threshold of 20,000 sq ft.

Santa Fe County adopted an 18-month moratorium on new data center development on 1 July 2026. Officials plan to use the pause to develop land-use and environmental rules. It was described as the second New Mexico county to impose a data center moratorium in 2026.

The Sierra County Commission unanimously approved an 18-month data center moratorium at a meeting in Truth or Consequences on Tuesday 21 July 2026. The item began as a resolution opposing large-scale data centers and sending concern letters to state leaders, but Commissioner Sandy Jones proposed amending it into a county moratorium. Source NM reports residents were protesting a data center proposal linked to Spaceport America.