A federal judge has rejected xAI’s request to dismiss a lawsuit from the NAACP, which claims that the company, owned by SpaceX, did not secure the necessary permits to operate the gas turbines at its Colossus data center near Memphis.
Representing the NAACP, the Southern Environmental Law Center alleged that xAI has “installed and operated at least 35 combustion turbines and other sources of air pollution at the Colossus site without ever obtaining the essential preconstruction or operational air permits.” The lawsuit also claims that xAI has breached the Clean Air Act.
In its defense, xAI sought to dismiss the lawsuit, arguing that the turbines should not require permits as they are mobile. The company also contended that the plaintiffs lacked the standing to bring the case.
Judge Debra M. Brown ruled that “the plaintiffs have statutory standing under the Clean Air Act, the combustion turbines do not qualify as ‘mobile sources’ under Mississippi’s [State Implementation Plan], and the citizen suit provision does not infringe on Article II of the Constitution or the private nondelegation doctrine,” allowing the plaintiffs’ claims to advance.
Addressing xAI’s constitutional arguments against citizen lawsuits, Judge Brown noted, “Since citizen suit plaintiffs act on their own behalf and seek penalties that address their own harm, they are not wielding the federal government’s executive power.”
The NAACP’s director of environmental and climate justice, Abre’ Connor, hailed the ruling as an “important victory in our efforts to hold xAI accountable.” Earlier this month, a similar motion to dismiss from the Department of Justice was also denied.
Connor added, “The courts have consistently rejected attempts by xAI and the DOJ to dismiss the NAACP’s Clean Air Act case, reaffirming our right to seek justice for communities affected by pollution. Our stance is clear: xAI cannot operate gas turbines without the necessary permits.”
As the NAACP lawsuit progresses, public sentiment has shifted notably against data centers. New York has recently enacted a moratorium on new data centers, with various state and local governments contemplating similar actions.
This backlash has also led tech giants like Amazon and Microsoft to pledge an end to using NDAs in their interactions with government entities, and it may influence the upcoming U.S. midterm elections significantly.
