Justice Department may intervene in NAACP lawsuit over Elon Musk’s xAI’s turbines in Mississippi

The Department of Justice (DOJ) is evaluating whether to intervene in a lawsuit filed by the NAACP against Elon Musk's artificial intelligence company, xAI, regarding its data center operations in Southaven, Mississippi. The lawsuit, brought by the NAACP and represented by the Southern Environmental Law Center, alleges that xAI's use of temporary mobile natural gas turbines violates the federal Clean Air Act because they have been operating without required air permits beyond the 12-month exemption period. The lawsuit seeks to halt xAI's turbine operations and impose fines.

xAI has maintained that its turbine operations comply with the Clean Air Act. The DOJ's interest in the case, as stated in court filings, pertains to U.S. policies, specifically the Clean Air Act and President Donald Trump's executive order from January 2025 emphasizing U.S. dominance in the AI sector and the importance of "artificial intelligence infrastructure."

xAI has rapidly scaled its data center operations in Southaven and Memphis through self-generated energy, citing this ability as a competitive advantage in recent SEC filings. Local Southaven residents have complained about significant noise from the turbines and potential environmental impacts on air quality and the local aquifer, despite xAI constructing a sound barrier. The company has increased its on-site mobile turbines from 18 to over 40 and recently received approval from the Mississippi Department of Environmental Quality for air permits for 41 permanent turbines.

A court has granted both xAI and the DOJ an extension until June 15 for xAI to respond or file a motion to dismiss, and for the DOJ to decide on intervention.