The Trump administration is intervening to defend Elon Musk in a lawsuit alleging that his artificial intelligence company, xAI, is polluting residential neighborhoods in northern Mississippi. The Department of Justice (DOJ) filed a motion late Monday urging a federal court to dismiss the case.
Lawsuit Details
The lawsuit, filed by the NAACP in April, accuses xAI and its subsidiary MZX Tech of installing dozens of methane-gas turbines to power its datacenter in Southaven, Mississippi, without obtaining air permits. The complaint claims these turbines emit toxic pollutants in violation of the Clean Air Act and seeks a court order to block their operation.
DOJ Argument
The DOJ argues that the datacenter is used to train and develop AI models that are "critical to the economy and the Department of War." In a 33-page memo, the government asserts that the turbines are necessary to power the facility and that the Clean Air Act allows the termination of such "citizen lawsuits."
“The Department of Justice will not sit idly by while private organizations use environmental laws to undermine our national security,” said Adam Gustafson, a deputy assistant attorney general for the DOJ’s environment and natural resources division.
National Security Claims
The DOJ filing highlights xAI's chatbot Grok, comparing it to ChatGPT but noting its controversial history. The memo claims Grok's continued availability is "paramount" to national security, stating that a military version of the chatbot assisted US forces in deploying over 2,000 munitions to 2,000 targets within 96 hours during the war against Iran.
NAACP Response
Lawyers for the NAACP argue that affected communities have long had the right to sue polluters and that the DOJ cannot simply dismiss such cases. They emphasize that all companies, including those contracting with the federal government, must follow environmental laws.
“There is no moral or legal precedent for this,” said Laura Thoms, director of enforcement for Earthjustice, which represents the NAACP alongside the Southern Environmental Law Center. “This isn’t about national security; it’s a desperate attempt to protect wealthy tech companies from obeying the laws meant to protect people from pollution.”
Background on xAI Datacenters
xAI operates two datacenters in the region, nicknamed “Colossus 1” and “Colossus 2.” The latter occupies 1 million square feet in Southaven. Colossus 1 is located in Memphis, near historically Black neighborhoods that have long suffered from harmful pollution. Both facilities have faced community backlash and protests.
The NAACP alleges that xAI illegally installed and operates 57 gas turbines at its Southaven facility, each the size of a large bus. The group claims the datacenter can emit over 5,000 tons of harmful nitrogen oxides annually, along with fine particulate matter and toxic chemicals like formaldehyde, making it one of the top polluters in the region. These pollutants are linked to increased rates of asthma, heart disease, respiratory illnesses, and cancer.
“Laws like the Clean Air Act are a bedrock insurance policy for communities to hold polluters accountable for decisions that cause them harm,” said Abre’ Conner, director of environmental and climate justice for the NAACP. “This should not be up for debate.”
xAI did not respond to a request for comment.
