Memorandum re: Request for Public Hearing Determination for Air Quality Permit Application07/02/2026
Notice of Docketing, Appointment of Hearing Officer, and Delegation of Final Decision Authority07/02/2026
Entry of Appearance – Bruce Wetherbee07/07/2026
Maxwell’s Entry of Appearance07/07/2026
Entry of Appearance for Joe Cardillo07/10/2026
Entry of Appearance of Jennifer Biever07/10/2026
Entry of Appearance of Bradfute Sayer, P.C.07/13/2026
Entry of Appearance by the Center for Biological Diversity07/13/2026
Entry of Appearance by New Energy Economy07/13/2026
Entry of Appearance of the New Mexico Environmental Law Center07/13/2026
Objection to Scheduling Conference07/14/2026
Entry of Appearance by Youth United for Climate Crisis Action07/14/2026
Maxwell’s Notice of Request for Administrative Record07/14/2026
Wetherbee’s Notice of Joinder in New Mexico Environmental Law Center’s and Center for Biological Diversity’s Objection to Scheduling Conference07/14/2026
Response to Objections & Legal Arguments Raised in Party Correspondence Prior to the Scheduling Conference07/15/2026
Scheduling Order07/16/2026
Entry of Appearance by New Mexico Economic Development Department07/17/2026
Entry of Appearance and Request to Move Hearing Date Forward by Sheet Metal Workers Local Union No. 4907/20/2026
Request of Emergency Status Conference07/20/2026
Response in Opposition to Request for Emergency Status Conference07/21/2026
Response in Opposition to Request to Change Hearing Date07/21/2026
Limited Entry of Appearance by the New Mexico Office of the State Engineer07/21/2026
Maxwell’s Consolidated Response in Opposition to Applicant’s Request of Emergency Status Conference and Sheet Metal Workers Local Union No. 49’s Request to Advance the Hearing Date Forward07/21/2026
Wetherbee’s Notice of Joinder in New Mexico Environmental Law Center’s and Center for Biological Diversity’s Response in Opposition to Yucca Growth Infrastructure, LLC’s Request for Emergency Status Conference; and Wetherbee’s Additional Reasons for Opposing the Request for an Emergency Status Conference to Accelerate the Hearing Process Which Would Further Shorten the Time for Public Participation in the Hearing, and the Presentation and Examination of Technical Testimony Related to the New Mexico Environment Department’s (Department) Technical Analysis and Draft Permit Which Has Not Yet Been Made Available by the Department on the Docket for This Matter.07/21/2026
Entry of Appearance and Request to Move Hearing Date Forward by New Mexico Building and Construction Trades Council07/22/2026
Entry of Appearance and Request to Move Hearing Date Forward by United Association Local 41207/22/2026
New Mexico Environment Department’s Position Statement07/22/2026
New Energy Economy’s Response to YGI’s Alleged Emergency to Change the Hearing Date07/23/2026
Request for Hearing Officer to Order Discovery07/24/2026
Entry of Appearance for Christine Dobbin07/27/2026
Notice of Entry of Appearance and Pro Hac Vice Certification07/27/2026
Maxwell’s Supplement to Consolidated Response and Notice of Separate Public Comment07/27/2026
Request for Hearing Officer to Order Discovery07/27/2026
Applicant Yucca Growth Infrastructure, LLC’s Notice to Respond to Motions for Discovery07/28/2026
Request for Hearing Officer to Order Discovery07/28/2026
Entry of Appearance of Zachary Ogaz on behalf of the New Mexico Environment Department07/28/2026
Order (on Applicant Yucca Growth Infrastructure, LLC’s Request of Emergency Conference)07/29/2026
Amended Scheduling Order07/29/2026
Maxwell’s Motion for Leave to File Supplemental Statement of Authority Concerning the November 23, 2026 Decision Deadline07/29/2026
Maxwell’s Notice of Second Request for Administrative Record07/30/2026
Email from Bruce Wetherbee regarding Joinder in Opposing Changes to the Hearing Date07/30/2026
Entry of Appearance on behalf of Electrical Workers, Local Union 611 and Alfonso “Fonze” Martinez, Jr.07/30/2026
Applicant Yucca Growth Infrastructure, LLC’s Amended Notice to Respond to Requests to Order Discovery07/30/2026
Motion to Reset October 19 Hearing Schedule and Preserve Due Process07/31/2026
Entry of Appearance and Request to Move Hearing Date Forward on behalf of Laborers’ International Union of North America Local 1607/31/2026
Applicant Yucca Growth Infrastructure, LLC’s Response to Requests for Hearing Officer to Order Discovery07/31/2026
New Mexico Environment Department Air Quality Bureau’s Response in Opposition to Motion to Reset October 19 Hearing Schedule and Preserve Due Process08/03/2026
New Energy Economy’s Response to YGI/Bloom Energy’s Request for Denial of Discovery08/03/2026
Maxwell’s Motion for Expedited Prehearing Disclosure, Production of Identified Administrative Record Materials, Targeted Admissions, and, in the Alternative, Limited Discovery08/03/2026
Order (Denying The Center for Biological Diversity and Jose Saldana Jr., and Vivian Fuller’s Motion to Reset October 19th Hearing Schedule)08/03/2026
Order (on Intervenor Maxwell’s Motion for Expedited Prehearing Disclosure, Production of Identified Administrative Record Materials, Targeted Admissions, and, in the Alternative, Limited Discovery)08/04/2026
New Energy Economy’s Motion to Dismiss YGI’s Permit Application as Not Ripe for Adjudication08/04/2026
Applicant Yucca Growth Infrastructure, LLC’s Notice to Respond to Maxwell’s Motion for, Inter Alia, Limited Discovery and New Energy Economy’s Response on Discovery08/04/2026
Order (on the motion of New Energy Economy to dismiss or continue YGI’s permit application)08/05/2026
Youth United for Climate Crisis Action’s Response in Support of New Energy Economy’s Motion to Dismiss08/05/2026
Center for Biological Diversity, Jose Saldana Jr. and Vivian Fuller’s Reply in Support of Discovery Requests to Applicant and New Mexico Environment Department and Request for Hearing Officer to Order Expedited Discovery Responses08/05/2026
Errata to New Energy Economy’s Motion to Dismiss YGI’s Permit Application as Not Ripe for Adjudication08/05/2026
Errata to Order Filed August 5, 202608/06/2026
Applicant’s Consolidated Response in Opposition to Nicholas Maxwell, NEE and CBD’s Requests for Discovery08/07/2026
Maxwell’s Response in Opposition to New Energy Economy’s Motion to Dismiss and Objection to the August 5, 2026 Order08/07/2026
NMED AQB’s Response to Maxwell’s Motion for Expedited Prehearing Disclosure, Production of Identified Administrative Record Materials, Targeted Admissions, and, in the Alternative, Limited Discovery08/07/2026
NMED AQB’s Response to Requests for Discovery08/07/2026
Sua Sponte Order08/10/2026
Objection and Motion to Strike YGI’s Reply08/10/2026
Motion to Strike Improper Filing by Applicant Yucca Growth Infrastructure, LLC08/10/2026
Maxwell’s Consolidated Reply in Support of Motion for Expedited Prehearing Disclosure, Production of Identified Administrative-Record Materials, Targeted Admissions, and, in the Alternative, Limited Discovery08/10/2026
Maxwell’s Limited Motion to Strike or Disregard Unauthorized Additional Briefing from Applicant’s August 7, 2026 Consolidated Response08/10/2026
New Energy Economy’s Motion to Reconsider the Hearing Officer’s Sua Sponte Order08/10/2026
Entry of Appearance of Robles, Rael & Anaya, P.C. (Kelsea E. Sona)08/11/2026
Order (on Mr. Maxwell’s Motion for Expedited Prehearing Disclosure, Production of Identified Administrative Record Materials, Targeted Admissions, and, in the Alternative, Limited Discovery)08/11/2026
Maxwell’s Expedited Motion for Reconsideration and Clarification of August 11, 2026 Order and, in the Alternative, for Limited Modification of Technical-Filing Procedure08/11/2026
Order (regarding various discovery requests)08/12/2026
Reply in Support of Discovery Request to New Mexico Environment Department08/12/2026
Maxwell’s Expedited Motion to Deem NMED’s August 7 Response filed August 10, 2026 and for Relief from the August 11, 2026 Order08/12/2026
Amended Notice of Public Hearing (English)08/12/2026
Aviso Enmendado de Audiencia Publica (Amended Notice of Public Hearing)08/12/2026
Order (re Motion to Reconsider Sua Sponte Order filed on August 10, 2026)08/12/2026
Maxwell’s Consolidated Response in Opposition to the IBEW Local 611 and Liuna Local Requests to Move Hearing Date Forward08/14/2026
Order Denying Motion for Reconsideration and Ordering Expedited Briefing on a Corollary Issue08/14/2026
Entry of Appearance – Center for Biological Diversity (S. Baer)08/14/2026
Notice of Entry of Appearance and Pro Hac Vice Certification08/18/2026
New Mexico Environment Department’s Response Pursuant to the Hearing Officer’s Order Denying Motion for Reconsideration and Ordering Expedited Briefing on a Corollary Issue in Mr. Maxwell’s August 14, 2026 Expedited Motion for Reconsideration and Clarification of August 11, 2026 Order and, in the Alternative, for Limited Modification of Technical-Filing Procedure08/18/2026
Applicant Yucca Growth Infrastructure, LLC’s Response to Order Requesting Expedited Briefing on a Corollary Issue08/18/2026
Maxwell’s Brief in Response to August 14, 2026 Order08/19/2026
Wetherbee’s Response to Hearing Officer’s Order for Expedited Briefing Denying Maxwell’s Motion for Reconsideration and Clarification of August 11, 2026 Order and on Corollary Issue Raised by Maxwell Seeking Limited Modification of the August 24, 2026 Filing Deadline08/19/2026
Emergency Motion for Hearing Consistent with Due Process Guarantees, Disqualification of Hearing Officer, and Stay08/19/2026
Order (denying Mr. Maxwell’s motion to allow limited supplementation of direct technical testimony and exhibits)08/20/2026
Notice of Withdrawal08/20/2026
Maxwell’s Expedited Motion to Reconsider and Vacate August 20, 2026 Order, or, in the Alternative, to Amend and Clarify Order08/20/2026
Order on Maxwell’s Expedited Motion to Reconsider and Vacate08/20/2026
Maxwell’s Response in Substantial Support of Joint Emergency Motion for Disqualification and Stay, and Supplemental Motion for Expedited Disclosure Concerning the ERG Contractual Relationship08/21/2026
Applicant’s Response in Opposition to the Joint Emergency Motion for a Hearing Consistent with Due Process Guarantees, Disqualification of Hearing Officer, and Stay, and to Maxwell’s Supplemental Motion for Expedited Disclosure Concerning the ERG Contractual Relationship08/21/2026
Order (re Hearing Officer’s recusal of himself from this matter)08/22/2026
Order (from the New Mexico Supreme Court)08/23/2026
New Mexico Environment Department Air Quality Bureau’s Response in Opposition to the Joint Emergency Motion for a Hearing Consistent With Due Process Guarantees, Disqualification of Hearing Officer, and Stay, and to Maxwell’s Supplemental Motion for Expedited Disclosure Concerning the ERG Contractual Relationship (Received on 08/23/26 – filed on 09/18/26 following the lifting of the stay by the NM Sup Ct.)08/23/2026
Entry of Appearance for Robert Aubert (Received on 08/24/26 – filed on 09/18/26 following the lifting of the stay by the NM Sup Ct.)08/24/2026
Order Lifting Stay (from the New Mexico Supreme Court)09/17/2026
Notice of Intent to Present Technical Testimony by Rocky Bacchus with Exhibits09/24/2026
Notice of Substitution of Hearing Officer10/02/2026
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On the Docket

For matters currently before boards, commissions and the Environment Department Secretary, visit our Docketed Matters page or the Docketed Matters Archive page

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The OPF staff are present in the Runnels Building located at 1190 S. St. Francis Drive, Santa Fe, New Mexico 87505.

For information regarding the public hearing process or Docketed Matters,
please contact:

Pamela Jones at 505-660-4305 (Pamela.Jones@env.nm.gov)
or
Luis Lopez at 505-490-0186 (Luis.Lopez@env.nm.gov).

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