New Mexico DOJ investigates alleged fake public comments on Project Jupiter air quality permit

DONA ANA COUNTY, N.M. (KVIA) -- Thursday, the New Mexico Department of Justice said it's investigating allegations of fake public comments submitted during a public review period for an air quality permit tied to the Project Jupiter data center planned for Doña Ana County.

NMDOJ is investigating Yucca Growth Infrastructure, LLC, the data center's developer. The department said people alleged fake comments submitted under their names.

In June, Oracle announced an update to its power plan for the data center. Yucca Growth Infrastructure filed an application to use Bloom Energy fuel cell technology, replacing the original design with gas turbines and diesel generators.

Oracle said the Bloom Energy plan would lower emissions and water use.

The New Mexico Environmental Department deemed the permit application complete and moved to a public comment review period, which closed Monday.

NMDOJ said it received complaints from people alleging comments were submitted in their names without their knowledge or consent, according to a press release.

The Justice Department also said it got similar complaints from elected officials. They reported comments were filed on their behalf without authorization.

Thursday, NMDOJ sent a letter to the New Mexico Environment Department asking for cooperation in the investigation and urged the agency to review public comments associated with the permit application.

“The integrity of New Mexico’s public processes depends on ensuring that every voice is authentic,” said Attorney General Raúl Torrez in a statement. “If individuals or organizations attempted to manipulate the public comment process through fraudulent submissions, we will investigate those actions thoroughly and hold responsible parties accountable.”

In a press release, Oracle Vice President Michael Egbert said he's aware about the allegations.

Egbert said in part:

"ProjectJupiterTogether.com provided a public portal through which anyone could submit comments to the New Mexico Environment Department. This portal transmitted every comment received to NMED, including hundreds of comments opposing the project. If anyone deliberately submitted comments using another person’s name or false information, that would represent an abuse of the public comment process, which Project Jupiter does not support or condone.

Based on our review to date, the submissions we have completed our review of are legitimate comments from residents who happen to share the same name as someone else. There are other submissions within this small number that require further investigation. We review every question about authenticity and will continue to actively investigate each instance that is raised. Any isolated instances of improper conduct should be addressed, but they should not overshadow or undermine the thousands of residents who have participated honestly and in accordance with the process.

New Mexico’s public permitting process exists so that everyone has an opportunity to make their voice heard. The process is working, and we remain committed to protecting the integrity of the public process for everyone and to ensuring that community participation is voluntary, informed, and transparent.”

The NMDOJ said people can report if they've been affected by the scheme to its office online or by calling 505-490-4060.