DOJ claims authority to stop citizen environmental lawsuits
The Justice Department argues it can dismiss citizen environmental lawsuits when national security is at stake, including a NAACP case alleging that xAI operates unpermitted natural-gas turbines at a Mississippi data center. Environmental advocates and legal experts say the position lacks a basis in federal law and could undermine communities’ ability to challenge pollution.
The U.S. Department of Justice is seeking to dismiss a NAACP lawsuit alleging that xAI operates natural-gas turbines without permits in Mississippi, releasing toxic emissions near Black communities. Government lawyers contend the case threatens national security because the turbines support an xAI data center whose operations aid the Department of War.
Alexandra St. Pierre, vice president of environmental justice for the Conservation Law Foundation, called the Justice Department’s position unprecedented and legally unsupported. She said citizen-suit provisions in the Clean Air Act and Clean Water Act are intended to allow communities to enforce environmental protections when government agencies fail to act, and warned that a ruling for the government could affect numerous lawsuits involving data centers nationwide.