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DOJ Seeks to Dismiss NAACP Lawsuit Over xAIs Unpermitted Gas Turbines in Mississippi
In a decision that could tip the balance between national‑security concerns and environmental law, the U.S. Department of Justice (DOJ) has filed a motion to dismiss the NAACP’s lawsuit against Elon Musk’s data‑center operator, xAI. The complaint, filed in April, accuses xAI of operating 27 natural‑gas turbines at its Southaven, Mississippi site—Colossus 2—without the permits required by the Clean Air Act. Those turbines supply power to Grok, an advanced chatbot that the DOJ says is used in national‑security contexts.
The DOJ’s filing argues that shutting down the turbines would jeopardize U.S. national, economic, and energy interests tied to AI work used by the military. The agency’s memo notes that only four AI models—including Grok—support mission‑critical operations across Secret and Top‑Secret classified networks. A Defense Department official, Cameron Stanley, confirmed that the model is used to support “national security applications,” citing recent strikes involving Iran.
The motion, filed jointly with xAI and the state of Mississippi, contends that the turbines are essential for the continued operation of Grok and, by extension, for national‑security operations. The state of Mississippi has also sought dismissal of the case.
The NAACP’s complaint asserts that the turbines are operating without Clean Air Act permits and that the resulting emissions pose health risks to nearby residents. The group argues that the unpermitted use “increases risks of asthma attacks and heart disease” for communities already exposed to heavy pollution.
In a May filing seeking an emergency injunction, the NAACP updated its claim after discovery work revealed that 57 turbines were operating at the Southaven site by mid‑May—more than double the number listed in the original complaint. Working with the Southern Environmental Law Center, the NAACP cited emails with regulators that indicated the higher number of turbines, which would raise emissions of nitrogen oxides, PM2.5, and formaldehyde.
Abre’ Conner, the NAACP’s director of environmental and climate justice, told Wired that the lawsuit is part of a broader effort to hold polluters accountable. “At a time when the ultra‑rich seem to be protected and supported by some of our government entities, it is important that polluting industries don’t get to benefit at the expense of the health of Black communities,” Conner said.
The lawsuit is one of several that have been filed in recent months, reflecting growing scrutiny of the environmental impact of AI infrastructure that relies on gas turbines for power.
Benzinga reached out to xAI, the DOJ, and the NAACP for comment, but did not receive a response at the time of publication.
The outcome of the DOJ’s motion remains uncertain. If the court dismisses the case, the NAACP’s claims of unpermitted turbine operation and associated health risks would be removed from the docket. If the motion is denied, the lawsuit could proceed to a hearing on the merits of the Clean Air Act allegations.
The dispute highlights the intersection of environmental regulation, AI development, and national‑security considerations. While the DOJ argues that the turbines are essential for national‑security AI operations, the NAACP maintains that the turbines violate federal environmental law and pose a public‑health risk.
The case is ongoing, and no final decision has been issued. Parties are expected to present further evidence and arguments in the coming weeks.
The situation underscores the broader debate over the environmental footprint of AI infrastructure and the role of federal agencies in balancing national‑security interests with environmental and public‑health protections.
The DOJ’s filing argues that shutting down the turbines would jeopardize U.S. national, economic, and energy interests tied to AI work used by the military. The agency’s memo notes that only four AI models—including Grok—support mission‑critical operations across Secret and Top‑Secret classified networks. A Defense Department official, Cameron Stanley, confirmed that the model is used to support “national security applications,” citing recent strikes involving Iran.
The motion, filed jointly with xAI and the state of Mississippi, contends that the turbines are essential for the continued operation of Grok and, by extension, for national‑security operations. The state of Mississippi has also sought dismissal of the case.
The NAACP’s complaint asserts that the turbines are operating without Clean Air Act permits and that the resulting emissions pose health risks to nearby residents. The group argues that the unpermitted use “increases risks of asthma attacks and heart disease” for communities already exposed to heavy pollution.
In a May filing seeking an emergency injunction, the NAACP updated its claim after discovery work revealed that 57 turbines were operating at the Southaven site by mid‑May—more than double the number listed in the original complaint. Working with the Southern Environmental Law Center, the NAACP cited emails with regulators that indicated the higher number of turbines, which would raise emissions of nitrogen oxides, PM2.5, and formaldehyde.
Abre’ Conner, the NAACP’s director of environmental and climate justice, told Wired that the lawsuit is part of a broader effort to hold polluters accountable. “At a time when the ultra‑rich seem to be protected and supported by some of our government entities, it is important that polluting industries don’t get to benefit at the expense of the health of Black communities,” Conner said.
The lawsuit is one of several that have been filed in recent months, reflecting growing scrutiny of the environmental impact of AI infrastructure that relies on gas turbines for power.
Benzinga reached out to xAI, the DOJ, and the NAACP for comment, but did not receive a response at the time of publication.
The outcome of the DOJ’s motion remains uncertain. If the court dismisses the case, the NAACP’s claims of unpermitted turbine operation and associated health risks would be removed from the docket. If the motion is denied, the lawsuit could proceed to a hearing on the merits of the Clean Air Act allegations.
The dispute highlights the intersection of environmental regulation, AI development, and national‑security considerations. While the DOJ argues that the turbines are essential for national‑security AI operations, the NAACP maintains that the turbines violate federal environmental law and pose a public‑health risk.
The case is ongoing, and no final decision has been issued. Parties are expected to present further evidence and arguments in the coming weeks.
The situation underscores the broader debate over the environmental footprint of AI infrastructure and the role of federal agencies in balancing national‑security interests with environmental and public‑health protections.
