NMED Secretary Kenney Appoints Retired Senior Federal Judge New Hearing Officer for Project Jupiter Air Quality Permit
Kenney Retains Deputy Secretary John Rhoderick as Decider on Controversial Air Quality Permit
Breaking News
Earlier today, in a filing related to the Project Jupiter Air Quality Permit hearing, New Mexico Cabinet Secretary James Kenney appointed a new Hearing Officer, writing,
“Due to the disqualification and recusal of Hearing Officer, max Shepherd, filed as an order on August 22, 2026, you are hereby notified of a substitution of Hearing Officer. The Secretary of Environment hereby appoints The Honorable James O. Browning to act as the substitute Hearing Officer.”
(A copy of the full Notification of Hearing Officer Substitution can be found below.)
According to the The United States District Court, District of New Mexico, webpage, Judge Browning is a retired Senior United States District Judge.
Kenney chose to keep his Deputy Secretary John Rhoderick as the decider who will make the final determination on the air quality permit application submitted by Yucca Growth Infrastructure, LLC for the controversial data center development known as Project Jupiter.
This is a developing story which will be updated later today.
(Updated: An earlier version did not refer to Judge Browning as retired. It appears that he retired from the Federal Bench in August 2026.)