| 1. | Memorandum re: Request for Public Hearing Determination for Air Quality Permit Application | 07/02/2026 |
| 2. | Notice of Docketing, Appointment of Hearing Officer, and Delegation of Final Decision Authority | 07/02/2026 |
| 3. | Entry of Appearance – Bruce Wetherbee | 07/07/2026 |
| 4. | Maxwell’s Entry of Appearance | 07/07/2026 |
| 5. | Entry of Appearance for Joe Cardillo | 07/10/2026 |
| 6. | Entry of Appearance of Jennifer Biever | 07/10/2026 |
| 7. | Entry of Appearance of Bradfute Sayer, P.C. | 07/13/2026 |
| 8. | Entry of Appearance by the Center for Biological Diversity | 07/13/2026 |
| 9. | Entry of Appearance by New Energy Economy | 07/13/2026 |
| 10. | Entry of Appearance of the New Mexico Environmental Law Center | 07/13/2026 |
| 11. | Objection to Scheduling Conference | 07/14/2026 |
| 12. | Entry of Appearance by Youth United for Climate Crisis Action | 07/14/2026 |
| 13. | Maxwell’s Notice of Request for Administrative Record | 07/14/2026 |
| 14. | Wetherbee’s Notice of Joinder in New Mexico Environmental Law Center’s and Center for Biological Diversity’s Objection to Scheduling Conference | 07/14/2026 |
| 15. | Response to Objections & Legal Arguments Raised in Party Correspondence Prior to the Scheduling Conference | 07/15/2026 |
| 16. | Scheduling Order | 07/16/2026 |
| 17. | Entry of Appearance by New Mexico Economic Development Department | 07/17/2026 |
| 18. | Entry of Appearance and Request to Move Hearing Date Forward by Sheet Metal Workers Local Union No. 49 | 07/20/2026 |
| 19. | Request of Emergency Status Conference | 07/20/2026 |
| 20. | Response in Opposition to Request for Emergency Status Conference | 07/21/2026 |
| 21. | Response in Opposition to Request to Change Hearing Date | 07/21/2026 |
| 22. | Limited Entry of Appearance by the New Mexico Office of the State Engineer | 07/21/2026 |
| 23. | 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 Forward | 07/21/2026 |
| 24. | 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 |
| 25. | Entry of Appearance and Request to Move Hearing Date Forward by New Mexico Building and Construction Trades Council | 07/22/2026 |
| 26. | Entry of Appearance and Request to Move Hearing Date Forward by United Association Local 412 | 07/22/2026 |
| 27. | New Mexico Environment Department’s Position Statement | 07/22/2026 |
| 28. | New Energy Economy’s Response to YGI’s Alleged Emergency to Change the Hearing Date | 07/23/2026 |
| 29. | Request for Hearing Officer to Order Discovery | 07/24/2026 |
| 30. | Entry of Appearance for Christine Dobbin | 07/27/2026 |
| 31. | Notice of Entry of Appearance and Pro Hac Vice Certification | 07/27/2026 |
| 32. | Maxwell’s Supplement to Consolidated Response and Notice of Separate Public Comment | 07/27/2026 |
| 33. | Request for Hearing Officer to Order Discovery | 07/27/2026 |
| 34. | Applicant Yucca Growth Infrastructure, LLC’s Notice to Respond to Motions for Discovery | 07/28/2026 |
| 35. | Request for Hearing Officer to Order Discovery | 07/28/2026 |
| 36. | Entry of Appearance of Zachary Ogaz on behalf of the New Mexico Environment Department | 07/28/2026 |
| 37. | Order (on Applicant Yucca Growth Infrastructure, LLC’s Request of Emergency Conference) | 07/29/2026 |
| 38. | Amended Scheduling Order | 07/29/2026 |
| 39. | Maxwell’s Motion for Leave to File Supplemental Statement of Authority Concerning the November 23, 2026 Decision Deadline | 07/29/2026 |
| 40. | Maxwell’s Notice of Second Request for Administrative Record | 07/30/2026 |
| 41. | Email from Bruce Wetherbee regarding Joinder in Opposing Changes to the Hearing Date | 07/30/2026 |
| 42. | Entry of Appearance on behalf of Electrical Workers, Local Union 611 and Alfonso “Fonze” Martinez, Jr. | 07/30/2026 |
| 43. | Applicant Yucca Growth Infrastructure, LLC’s Amended Notice to Respond to Requests to Order Discovery | 07/30/2026 |
| 44. | Motion to Reset October 19 Hearing Schedule and Preserve Due Process | 07/31/2026 |
| 45. | Entry of Appearance and Request to Move Hearing Date Forward on behalf of Laborers’ International Union of North America Local 16 | 07/31/2026 |
| 46. | Applicant Yucca Growth Infrastructure, LLC’s Response to Requests for Hearing Officer to Order Discovery | 07/31/2026 |
| 47. | New Mexico Environment Department Air Quality Bureau’s Response in Opposition to Motion to Reset October 19 Hearing Schedule and Preserve Due Process | 08/03/2026 |
| 48. | New Energy Economy’s Response to YGI/Bloom Energy’s Request for Denial of Discovery | 08/03/2026 |
| 49. | Maxwell’s Motion for Expedited Prehearing Disclosure, Production of Identified Administrative Record Materials, Targeted Admissions, and, in the Alternative, Limited Discovery | 08/03/2026 |
| 50. | 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 |
| 51. | 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 |
| 52. | New Energy Economy’s Motion to Dismiss YGI’s Permit Application as Not Ripe for Adjudication | 08/04/2026 |
| 53. | 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 Discovery | 08/04/2026 |
| 54. | Order (on the motion of New Energy Economy to dismiss or continue YGI’s permit application) | 08/05/2026 |
| 55. | Youth United for Climate Crisis Action’s Response in Support of New Energy Economy’s Motion to Dismiss | 08/05/2026 |
| 56. | 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 Responses | 08/05/2026 |
| 57. | Errata to New Energy Economy’s Motion to Dismiss YGI’s Permit Application as Not Ripe for Adjudication | 08/05/2026 |
| 58. | Errata to Order Filed August 5, 2026 | 08/06/2026 |
| 59. | Applicant’s Consolidated Response in Opposition to Nicholas Maxwell, NEE and CBD’s Requests for Discovery | 08/07/2026 |
| 60. | Maxwell’s Response in Opposition to New Energy Economy’s Motion to Dismiss and Objection to the August 5, 2026 Order | 08/07/2026 |
| 61. | 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 Discovery | 08/07/2026 |
| 62. | NMED AQB’s Response to Requests for Discovery | 08/07/2026 |
| 63. | Sua Sponte Order | 08/10/2026 |
| 64. | Objection and Motion to Strike YGI’s Reply | 08/10/2026 |
| 65. | Motion to Strike Improper Filing by Applicant Yucca Growth Infrastructure, LLC | 08/10/2026 |
| 66. | 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 Discovery | 08/10/2026 |
| 67. | Maxwell’s Limited Motion to Strike or Disregard Unauthorized Additional Briefing from Applicant’s August 7, 2026 Consolidated Response | 08/10/2026 |
| 68. | New Energy Economy’s Motion to Reconsider the Hearing Officer’s Sua Sponte Order | 08/10/2026 |
| 69. | Entry of Appearance of Robles, Rael & Anaya, P.C. (Kelsea E. Sona) | 08/11/2026 |
| 70. | 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 |
| 71. | Maxwell’s Expedited Motion for Reconsideration and Clarification of August 11, 2026 Order and, in the Alternative, for Limited Modification of Technical-Filing Procedure | 08/11/2026 |
| 72. | Order (regarding various discovery requests) | 08/12/2026 |
| 73. | Reply in Support of Discovery Request to New Mexico Environment Department | 08/12/2026 |
| 74. | Maxwell’s Expedited Motion to Deem NMED’s August 7 Response filed August 10, 2026 and for Relief from the August 11, 2026 Order | 08/12/2026 |
| 75. | Amended Notice of Public Hearing (English) | 08/12/2026 |
| 76. | Aviso Enmendado de Audiencia Publica (Amended Notice of Public Hearing) | 08/12/2026 |
| 77. | Order (re Motion to Reconsider Sua Sponte Order filed on August 10, 2026) | 08/12/2026 |
| 78. | Maxwell’s Consolidated Response in Opposition to the IBEW Local 611 and Liuna Local Requests to Move Hearing Date Forward | 08/14/2026 |
| 79. | Order Denying Motion for Reconsideration and Ordering Expedited Briefing on a Corollary Issue | 08/14/2026 |
| 80. | Entry of Appearance – Center for Biological Diversity (S. Baer) | 08/14/2026 |
| 81. | Notice of Entry of Appearance and Pro Hac Vice Certification | 08/18/2026 |
| 82. | 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 Procedure | 08/18/2026 |
| 83. | Applicant Yucca Growth Infrastructure, LLC’s Response to Order Requesting Expedited Briefing on a Corollary Issue | 08/18/2026 |
| 84. | Maxwell’s Brief in Response to August 14, 2026 Order | 08/19/2026 |
| 85. | 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 Deadline | 08/19/2026 |
| 86. | Emergency Motion for Hearing Consistent with Due Process Guarantees, Disqualification of Hearing Officer, and Stay | 08/19/2026 |
| 87. | Order (denying Mr. Maxwell’s motion to allow limited supplementation of direct technical testimony and exhibits) | 08/20/2026 |
| 88. | Notice of Withdrawal | 08/20/2026 |
| 89. | Maxwell’s Expedited Motion to Reconsider and Vacate August 20, 2026 Order, or, in the Alternative, to Amend and Clarify Order | 08/20/2026 |
| 90. | Order on Maxwell’s Expedited Motion to Reconsider and Vacate | 08/20/2026 |
| 91. | Maxwell’s Response in Substantial Support of Joint Emergency Motion for Disqualification and Stay, and Supplemental Motion for Expedited Disclosure Concerning the ERG Contractual Relationship | 08/21/2026 |
| 92. | 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 Relationship | 08/21/2026 |
| 93. | Order (re Hearing Officer’s recusal of himself from this matter) | 08/22/2026 |
| 94. | Order (from the New Mexico Supreme Court) | 08/23/2026 |
| 95. | 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 |
| 96. | 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 |
| 97. | Order Lifting Stay (from the New Mexico Supreme Court) | 09/17/2026 |
| 98. | Notice of Intent to Present Technical Testimony by Rocky Bacchus with Exhibits | 09/24/2026 |
| 99. | Notice of Substitution of Hearing Officer | 10/02/2026 |
| 100. | Pre-Hearing Order | 10/06/2026 |
| 101. | New Mexico Environment Department Air Quality Bureau’s Notice of Filing of Administrative Record as of October 9, 2026 | 10/09/2026 |
| 102. | Administrative Record Index Yucca Growth Infrastructure, LLC., YGI Microgrid Application for an Air Quality Permit No. NSR 10833 as of October 9, 2026 | 10/09/2026 |
| 103. | Administrative Record NSR 10833_000001-001951 (Part 1) Note: This is a large file. Please allow several minutes to pass for it to download. | |
| 104. | Administrative Record NSR 10833_001952-010493 (Part 2) Note: This is a large file. Please allow several minutes to pass for it to download. | |
| 105. | Administrative Record NSR 10833_010494-011977 (Part 3) Note: This is a large file. Please allow several minutes to pass for it to download. | |
| 106. | New Energy Economy’s Motion to Order Discovery Required by Due Process | 10/13/2026 |
| 107. | New Energy Economy’s Motion to Dismiss Application Without Prejudice as Incomplete and Not Ready for Hearing | 10/14/2026 |
| 108. | Motion for Hearing Officer to Order Discovery | 10/14/2026 |
| 109. | Second Amended Scheduling Order | 10/16/2026 |
| 110. | Supplement to Second Amended Scheduling Order | 10/16/2026 |
| 111. | Notice of Hearing on Motions to Dismiss | 10/16/2026 |
| 112. | Notice of Hearing on Motions for Discovery | 10/16/2026 |
| 113. | Certificate of Service | 10/16/2026 |
| 114. | Applicant Yucca Growth Infrastructure, LLC’s Response in Opposition to: New Energy Economy’s Motion to Dismiss YGI’s Permit Application as Not Ripe for Adjudication, Filed August 4, 2026, as Corrected August 5, 2026 (Dkt No. 52, Dkt No. 57 (Errata)) Note: This is a large file. Please allow several minutes to pass for it to download. | 10/19/2026 |
| 115. | Applicant Yucca Growth Infrastructure, LLC’s Response in Opposition to New Energy Economy’s Motion to Dismiss Application Without Prejudice as Incomplete and Not Ready for Hearing (Dkt No. 107) | 10/19/2026 |
| 116. | New Energy Economy’s Expedited Motion to Compel the Appearance and Testimony of NMED Major Sources Manager Julia Kuhn, or an Equally Knowledgeable Technical Witness, at the October 26, 2026 Hearing and Request for Expedited Responses by October 22, 2026 | 10/20/2026 |
| 117. | Amended Notice of Hearing on Motions to Dismiss | 10/21/2026 |
| 118. | Entry of Appearance of Kalista Wilson and Allison Johnson on behalf of the New Mexico Department of Justice | 10/22/2026 |
| 119. | New Mexico Environment Department Air Quality Bureau’s Notice of Filing of Administrative Record Supplement as of October 21, 2026 | 10/22/2026 |
| 120. | Administrative Record Index Yucca Growth Infrastructure, LLC., YGI Microgrid Application for an Air Quality Permit No. NSR 10833 as of October 21, 2026 | 10/22/2026 |
| 121. | Administrative Record Supplement NSR 10833_011978-012225 Note: This is a large file. Please allow several minutes to pass for it to download. | 10/22/2026 |
| 122. | Entry of Appearance of Kayla Jankowski as additional counsel for Vivian Fuller and Jose Saldana, Jr. | 10/22/2026 |
| 123. | Jose Saldana Jr. and Vivian Fuller and Center for Biological Diversity’s Notice of Joinder in New Energy Economy’s Motion to Dismiss Application Without Prejudice as Incomplete and Not Ready for Hearing | 10/22/2026 |
| 124. | New Mexico Environment Department Air Quality Bureau’s Motion for Correction of the Hearing Record | 10/22/2026 |
| 125. | New Mexico Environment Department Air Quality Bureau’s Notice of Errata Regarding Exhibit A to Motion for Correction of the Hearing Record | 10/23/2026 |
| 126. | Applicant YGI’s Response in Opposition to New Energy Economy’s Expedited Motion to Compel NMED Testimony (Dkt No. 116) | 10/23/2026 |
| 127. | Applicant Yucca Growth Infrastructure, LLC’s Response to the New Mexico Environment Department Air Quality Bureau’s Motion for Correction of the Hearing Record [Dkt. No. 24] | 10/23/2026 |
| 128. | New Mexico Environment Department Air Quality Bureau’s Response in Opposition to New Energy Economy’s Motion to Compel NMED Witness for Motion to Dismiss Hearing [Dkt. No. 115] | 10/24/2026 |
| 129. | New Mexico Environment Department Air Quality Bureau’s Response in Opposition to New Energy Economy’s Motion to Dismiss YGI’s Application as Not Ripe for Adjudication [Dkt. No. 52] | 10/25/2026 |
| 130. | New Mexico Environment Department Air Quality Bureau’s Response in Opposition to New Energy Economy’s Motion to Dismiss Application Without Prejudice as Incomplete and Not Ready for Hearing [Dkt. No. 107] | 10/25/2026 |
| 131. | Wetherbee’s Notice of Joinder in New Energy Economy’s Motion to Dismiss Application Without Prejudice as Incomplete and Not Ready for Hearing (Dkt. No. 107, October 14, 2026) | 10/25/2026 |
| 132. | Applicant Yucca Growth Infrastructure, LLC’s Response in Opposition to Motions for Hearing Officer to Order Discovery Filed by New Energy Economy [Dkt. No. 106], the Center for Biological Diversity, Jose Saldana, Jr., and Vivian Fuller [Dkt. No. 108] | 10/26/2026 |
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