Judge lets NAACP lawsuit over xAI data center pollution proceed

A federal judge denied a motion by xAI to dismiss an NAACP lawsuit accusing the SpaceX-owned company of failing to obtain permits needed to operate gas turbines powering its Colossus data center outside Memphis. The decision allows the Clean Air Act case to move forward, with the court rejecting xAI's arguments about mobile turbines and standing.

Lawsuit and allegations

Suing on behalf of the NAACP, the Southern Environmental Law Center said the AI company had installed and operated at least 35 combustion turbines and other sources of air pollution at the Colossus site without ever obtaining the necessary preconstruction or operating air permits. It also accused xAI of violating the Clean Air Act.

Court's ruling

xAI sought to have the lawsuit dismissed, claiming the turbines are exempt from permitting requirements because they are mobile. The company also argued that the plaintiffs did not have the standing to sue. Judge Debra M. Brown wrote that the plaintiffs have statutory standing under the Clean Air Act, that the combustion turbines are not "mobile sources" under Mississippi's State Implementation Plan, and that the citizen suit provision does not violate Article II of the Constitution or the private nondelegation doctrine, so the plaintiffs' claims will proceed.

Focusing on xAI's claim that these kinds of citizen lawsuits are unconstitutional, Judge Brown wrote that citizen suit plaintiffs sue on their own behalf, in their own name, and seek penalties that redress harm to themselves, so they are not exercising the federal government's executive power.

Reactions and broader context

In a statement, the NAACP's director of environmental and climate justice, Abre' Connor, described the ruling as "another important victory in our effort to hold xAI accountable." Connor said the courts have repeatedly rejected attempts by xAI and the Department of Justice to dismiss the NAACP's Clean Air Act case, affirming the right to pursue justice for communities impacted by pollution. Connor also said the NAACP's position has been clear: xAI cannot operate gas turbines without the required permits. A similar motion to dismiss from the Department of Justice was denied earlier this month, according to the report.

The NAACP lawsuit is moving forward as public opinion seems to have turned sharply against data centers. New York recently passed a moratorium on new data centers, and other state and local governments are considering similar measures. The backlash also prompted Amazon and Microsoft to promise to stop using NDAs in their dealings with government agencies, and it could be a significant factor in the imminent U.S. midterm elections. TechCrunch has reached out to SpaceX for comment.

Sources: TechCrunch