NAACP sues xAI over unpermitted gas turbines powering Memphis data center

NAACP sues xAI over data center pollution

The NAACP is suing xAI and a subsidiary called MZX Tech for allegedly operating unpermitted methane gas turbines to power its Colossus 2 data center in South Memphis. The association is asking the federal district court of the Northern District of Mississippi to declare that the company has violated the Clean Air Act, force it to stop using its unpermitted turbines and assess financial penalties against xAI for violating federal law, among other requests. The lawsuit claims that xAI -- the Elon Musk-founded AI startup now owned by SpaceX -- is operating 27 gas turbines without an air permit to power Colossus 2, one of a growing number of data centers xAI has set up to train Grok, its AI assistant. Gas turbines expel pollution, hazardous chemicals and fine particulate matter that are linked to things like heart problems, respiratory diseases and even certain cancers, issues that are particularly concerning given Colossus 2's close proximity to people's homes. Operating these turbines without an air permit also violates the Clean Air Act, which requires sources of pollution to be permitted before being operated or constructed. The NAACP is represented in the lawsuit by the Southern Environmental Law Center and Earthjustice. Before filing today's lawsuit, the NAACP sent xAI a 60-day notice of intent to sue in compliance with the Clean Air Act. xAI's failure to respond to the notice is why the lawsuit is moving forward today. "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," Ben Grillot, a Senior Attorney for the Southern Environmental Law Center, said. "xAI must be held accountable for its reckless, unlawful actions -- and that's exactly what this lawsuit aims to do." Besides the high cost of sourcing the components that train and run AI models, AI companies often have to generate power to run the data centers where all those components are being installed. Oracle is reportedly turning to gas generators like xAI. Google, Meta and Amazon, meanwhile, have all invested in or signed deals with nuclear energy providers to power their data center efforts. Building new energy sources for data centers is one of several price-lowering methods proposed by the Ratepayer Protection Pledge, an agreement several tech companies signed to try and prevent data centers from raising the cost of the average person's energy bill. Quickly building out new energy sources might help ease costs, but it doesn't account for the negative environmental impacts of having a new power plant in your neighborhood, something the Trump administration doesn't appear all too interested in addressing. In his latest AI framework proposal, President Donald Trump largely ignored the environmental impact of AI in favor of calling for the permitting process for things like on-site energy generators to be streamlined.

NAACP sues Elon Musk's xAI over Memphis data center air pollution

The NAACP filed a lawsuit against Elon Musk's xAI on Tuesday, accusing the artificial intelligence company of violating the Clean Air Act with its use of natural gas-burning turbines to power data centers in and around Memphis, Tennessee. The suit, filed in the U.S. District Court for the Northern District of Mississippi, alleges that between August and December 2025, xAI and its subsidiary MZX Tech, LLC, installed and operated 27 gas turbines in Southaven, Mississippi, "without an air permit or regard for the health and safety of people living nearby." The turbines emit smog-forming pollutants and particulate matter that can lead to increased health risks and an unpleasant odor, among other things. The NAACP is seeking declaratory and injunctive relief for the companies to "cease operating the Colossus Gas Plant unless and until they obtain the required permits; to apply the necessary pollution controls; and to pay appropriate civil penalties for each day of violation." "Our right to clean air is not up for negotiation, especially when companies prove expediency not people is their priority," Abre' Conner, NAACP Director of Environmental and Climate Justice, said in an e-mailed statement. xAI did not immediately respond to a request for comment.

NAACP sues Musk's xAI, alleging illegal air pollution

The NAACP and its Mississippi State Conference are suing Elon Musk's xAI, alleging that it did not get a permit before emitting large amounts of pollution into a Memphis-area community. The suit alleges that xAI and subsidiary MZX Tech violated the Clean Air Act by not getting the permit for their Colossus Gas Plant, which powers its Colossus 2 data center with 27 gas turbines. This data center powers the AI chatbot "Grok" which is used on Musk's social media site X and operates as a standalone app. The suit says that the plant emits large amounts of pollution that are linked to asthma, respiratory diseases, heart problems and certain cancers. It also says that the communities surrounding the plant have a disproportionately high Black population. It says that if the companies had gone through the Clean Air Act process, they could have been required to install technology that cuts down on this pollution. "A data center should not be a potential death sentence for a community's health," Abre' Conner, NAACP's director of environmental and climate justice, said in a statement Tuesday. "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,'" she continued. The NAACP initially threatened to sue xAI over the Memphis gas turbines in mid-February. The Clean Air Act requires plaintiffs to provide a 60-day notice of their intent to sue under the law. The Hill has reached out to xAI for comment. Robert Tipton, branch president of the NAACP in DeSoto County, Miss., told The Hill that he's not against Musk being a businessman or "making money," but he is against "secrecy" and "potential health issues that may come from this." "We have members that live within a mile or two miles" of the plant, he said, adding that "they believe they are experiencing a different kind of cough" and their family members are sick. The lawsuit is the latest instance of resistance to data centers because of their community impacts. Residents of communities around the country have raised concerns about energy prices and water use as well as potential pollution. AI companies have pushed to rapidly build data centers in an effort to expand their computing power amid the race to develop the technology. They initially had support among both Republican and Democratic politicians, but the tide has turned against the infrastructure over the past year. Meanwhile, this is not the only time xAI has been accused of skirting air pollution requirements. The NAACP previously threatened to sue over pollution from the company's Colossus 1 data center.