NAACP sues xAI for 'unpermitted' gas turbines in Southaven

MEMPHIS, Tenn. -- The NAACP has filed a lawsuit on Tuesday against xAI and its subsidiary, MZX Tech.

NAACP said it is suing the companies for their unlawful operation of dozens of unpermitted methane gas turbines to power its Colossus 2 data center in Memphis. The Southern Environmental Law Center and Earthjustice are representing the Mississippi State Conference of the NAACP and the national NAACP.

The NAACP's lawsuit was filed in the federal district court for the Northern District of Mississippi.

"This lawsuit concerns the already-built, unpermitted power plant and follows a 60-day notice of intent to sue, which is required under the Clean Air Act and was sent to xAI in February," said NAACP. "xAI continues to unlawfully operate its power plant even after receiving the notice letter."

According to the NAACP, they are asking the court to declare that xAI has violated the Clean Air Act, force xAI to stop operating unpermitted turbines at its Southaven facility, order xAI to install the best available control technology on the power plant, and assess financial penalties to xAI for every day it violated federal law.

According to the suit, NAACP claims that xAI is illegally operating 27 gas turbines without an air permit in Southaven, Mississippi, effectively building a power plant for its Colossus 2 data center, which powers the company's chatbot, Grok.

NAACP said that the company's failure to get a permit for its power plant, which is located near homes, schools, and churches, creates added health risks for families in North Mississippi and Memphis and is a violation of the Clean Air Act, which requires major sources of pollution to obtain air permits before being constructed or operated.

"A data center should not be a potential death sentence for a community's health. By looking to evade clear air laws to operate dirty turbines that emit pollution and known carcinogens, these companies are following a shameful, familiar pattern: asking Black and frontline communities to bear the toxic brunt of 'innovation,'" said Abre' Conner, NAACP Director of Environmental and Climate Justice. "As we shared since xAI started operating in Memphis, our homes, churches, and playgrounds will not be sacrifice zones for Big Tech's convenience. The NAACP stands firm that true progress cannot be built by ignoring community health and our environment. Our right to clean air is not up for negotiation, especially when companies prove expediency not people is their priority."

The association says the Southaven plant has the potential to emit more than 1,700 tons of smog-forming nitrogen oxides (NOx) each year, and that the "illegal turbines" also have the potential to release up to 180 tons of fine particulate matter, 500 tons of carbon monoxide, and 19 tons of formaldehyde, a toxic, cancer-causing chemical, each year.

"xAI's continued operation of these turbines without a permit and without adequate pollution controls is not only illegal, it's an insult to families living nearby who for months have expressed serious concerns about how air pollution from the company's personal power plant could impact their health and well-being," SELC Senior Attorney Ben Grillot said. "xAI must be held accountable for its reckless, unlawful actions -- and that's exactly what this lawsuit aims to do."

This comes after the Mississippi Department of Environmental Quality approved plans for 41 gas turbines at the xAI facility in Southaven in March.

WREG has reached out to xAI for comment.