In boost to Musk, Justice Department seeks to dismiss air pollution lawsuit against xAI data center

In boost to Musk, Justice Department seeks to dismiss air pollution lawsuit against xAI data center

News ClipBaltimore Sun·MS·6/16/2026

The Justice Department is seeking to dismiss a lawsuit filed by the NAACP and environmental groups against Elon Musk's xAI data center in Mississippi. The lawsuit alleges that xAI is illegally operating natural gas turbines without proper permits, violating the Clean Air Act and posing health risks. The Justice Department argues the data center is critical for the economy and military, and that the state of Mississippi found no permit was required.

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Gov: Justice Department, Mississippi, Environmental Protection Agency, Pentagon

The NAACP and other environmental groups have filed a civil rights lawsuit against Elon Musk's xAI subsidiary, alleging that its $20 billion artificial intelligence data center in Mississippi is illegally operating dozens of natural gas turbines without the required Clean Air Act permits. The plaintiffs contend that these unpermitted operations create significant health risks for residents in North Mississippi and nearby Memphis.

In a contentious move, the Justice Department, under the Trump administration, sought to intervene in the case on Monday, arguing for the dismissal of the lawsuit. Associate Attorney General Stanley Woodward stated that the plant is crucial for powering an AI data center deemed "critical to the economy" and the U.S. military, emphasizing that the state of Mississippi, not the federal government, is responsible for such permits and determined none were needed. Environmental advocates, including Laura Thoms of Earthjustice and Abre' Conner of the NAACP, criticized the Justice Department's action as an attempt to protect wealthy tech companies from environmental accountability and undermine citizen enforcement of the Clean Air Act.

Mississippi Governor Tate Reeves, a Republican, defended xAI, noting the company is building a "self-generating power facility" to prevent electricity rate increases and that the overall project represents the largest private investment in the state's history, creating thousands of jobs. The Justice Department reiterated that burdensome regulations, including private lawsuits, could threaten technological growth, American energy independence, and national security, aligning with the Trump administration's focus on AI as a national security priority and efforts to ease environmental regulations. SpaceX, xAI's parent company, has previously stated it is in full compliance with environmental laws.