Last Update: 11/01/2026 at 11:33 PM EST

Morning Briefing: Data Centers

Wednesday, October 28, 2026

October 28, 2026

Jupiter’s Air Permit Review Moves On, but Power Still Waits

A New Mexico hearing officer has rejected a request to dismiss Project Jupiter’s air-permit application, the Santa Fe New Mexican reported Tuesday. The ruling keeps review of its proposed fuel-cell microgrid alive; the data center buildings remain without power.

It is a procedural advance, not permission to operate. State staff are still examining revised emissions modeling for the proposed power supply.

The hearing officer denied New Energy Economy’s request to dismiss the application as incomplete. Oracle and Yucca Growth Infrastructure say changes to the microgrid would cut emissions by about 35%, but regulators have not completed their review of that claim.

Key Points

  • Recent reporting has highlighted disputes over local land-use decisions. Jupiter illustrates a separate hurdle: buildings can be in place while approval for their proposed power supply remains unresolved.

Implications

Keeping the application active preserves a path toward powering the project, but the ruling alone does not establish when or whether the microgrid will be approved.

Watchpoints

Watch

Watch state staff’s assessment of the revised emissions modeling and whether further design changes are required.

Watch

A public hearing is scheduled to begin December 7. The current November 23 decision deadline could move to December 18.

Watch

In Grove City, Ohio, watch whether voters approve a proposed Community Consent Amendment in November. The city’s data-center moratorium was adopted in June.

Watch

In New York, watch for gubernatorial action on pending data-center legislation; the latest legal analysis describes earlier state actions, not a new decision.

Fallout

Project Jupiter’s permit case continues, but its path to an operating power supply remains unsettled.

Project Jupiter’s Power Supply

The proposed fuel-cell microgrid needs an air-quality permit as the data center buildings remain without power.

Fresh developments

The Santa Fe New Mexican reported that a hearing officer rejected a request to dismiss the application. State staff are reviewing revised emissions modeling.

Why we noticed

The decision keeps the permitting process moving without resolving the environmental review or authorizing operation.

Watch for:

  • The modeling assessment and any further design requirements.
  • Confirmation of the decision deadline and December hearing schedule.

Final Thought

Jupiter’s latest ruling preserves a route forward. Its practical test is still whether the proposed power supply can clear environmental review.