DOJ seeks to dismiss air pollution lawsuit against xAI data center
The U.S. Justice Department has filed a motion to intervene and dismiss a civil rights lawsuit against Elon Musk's xAI, which alleges the company is illegally operating dozens of natural gas turbines to power a $20 billion data center in Mississippi. The NAACP and other groups contend xAI's unpermitted power plant near residential areas violates the Clean Air Act, posing health risks to local families. The Justice Department argues the data center is critical for the economy and national security, stating that permit responsibility lies with the state of Mississippi.
The U.S. Justice Department has moved to intervene in a civil rights lawsuit against Elon Musk's xAI, seeking its dismissal. The lawsuit, brought by the NAACP and other groups, alleges that xAI is illegally operating dozens of natural gas turbines without proper permits to power a $20 billion data center in Mississippi. The plaintiffs claim these unpermitted operations create health risks for residents in North Mississippi and nearby Memphis, violating the federal Clean Air Act.
In its motion filed late Monday, the Justice Department argued that the plant is essential for an AI data center deemed "critical to the economy" and the U.S. military. Associate Attorney General Stanley Woodward stated that the state of Mississippi, not the federal government, is responsible for power plant permits and had determined no permit was required. Woodward emphasized that the intervention aims to protect national security and promote American energy and innovation, asserting that the Executive Branch holds ultimate responsibility for enforcing federal law.
However, environmental advocates have criticized the Justice Department's action. Laura Thoms, director of enforcement for Earthjustice, an environmental law firm representing the NAACP, called it a "desperate attempt to protect wealthy tech companies from obeying the laws meant to protect people from pollution." Abre' Conner, the NAACP's director of environmental and climate justice, reiterated that the Clean Air Act is designed to hold polluters accountable and that the organization will continue to defend democratic principles.
The NAACP's lawsuit, filed in April, specifically accuses xAI of running natural gas turbines without emission controls or required permits under the Clean Air Act, which mandates permits before industrial construction or operation. The Environmental Protection Agency referred inquiries to the Justice Department, noting it is not a party to the dispute. UCLA School of Law professor Ann Carlson questioned the constitutional grounds cited by the Justice Department for its asserted power to dismiss such citizen suits.