DOJ seeks to dismiss NAACP lawsuit against xAI data center power plant in Mississippi
xAI is operating a gas-fired power plant for its Colossus data center in Southaven, Mississippi, emitting thousands of tons of pollutants without proper permits. The NAACP sued xAI, seeking to halt operations due to Clean Air Act violations and environmental justice concerns. The Trump Department of Justice has moved to intervene in the lawsuit, requesting its dismissal, citing national security implications and arguing against enforcing the Clean Air Act in this case.
In Southaven, Mississippi, Elon Musk's artificial intelligence company, xAI, has been building and operating a "Colossus Gas Plant" to power its massive data center, Colossus. The plant, located in predominantly Black neighborhoods, consists of at least 57 gas-fired combustion turbines, each the size of a single-family home. These turbines are estimated to emit over 5,300 tons of nitrogen oxides and 430 tons of particulate matter annually, posing significant health risks, particularly to children, older adults, and people of color living within a six-mile radius.
The NAACP filed a lawsuit two months ago against xAI and its subsidiaries, alleging violations of the Clean Air Act, as xAI did not obtain the required permits for the polluting facility. The organization also requested a federal district court order to prohibit the plant's operation while the case is pending, highlighting Elon Musk's public criticisms of environmental regulations.
In a controversial move, the Trump administration's Department of Justice (DOJ) filed a motion to intervene in the NAACP's lawsuit as the plaintiff, simultaneously seeking to dismiss the case with prejudice. The DOJ argues that enforcing the Clean Air Act against xAI constitutes a national security threat, as Colossus powers Grok, an AI model used by the Department of Defense. The administration's memo asserts that the NAACP cannot enforce the Clean Air Act "over the United States’ objection," claiming a right to unilaterally dismiss the citizen suit, a proposition the article criticizes as misinterpreting legal precedent regarding intervention and the False Claims Act versus the Clean Air Act.