xAI's Memphis Supercomputer Faces Legal Challenge Over Air Pollution Concerns

xAI faces legal threat over alleged Colossus data center pollution in Memphis

After thermal imaging appeared to show that xAI lied about suspected pollution at its Colossus supercomputer data center located near predominantly Black communities in Memphis, Tennessee, the NAACP has threatened a lawsuit accusing xAI of violating the Clean Air Act. In a letter sent to xAI on Tuesday, lawyers from the Southern Environmental Law Center (SELC) notified xAI of the NAACP's intent to sue in 60 days if xAI refuses to meet to discuss the groups' concerns that xAI is not using the requisite best available pollution controls. To ensure there's time for what the NAACP considers urgently needed negotiations ahead of filing the lawsuit, lawyers asked xAI to come to the table within the next 20 days. xAI did not respond to Ars' request to comment on the legal threat or accusations that it has become a major source of pollutants in Memphis. According to the NAACP's letter, xAI's ambitions to build the world's largest AI data center in Memphis has potentially introduced the largest source of nitrogen oxides (NOx), reducing air quality in a city already grappling with high rates of emergency room visits and deaths from asthma. In Boxtown, a neighborhood closest to the data center, residents face "cancer risk four times the national average," due to "industrial pollution from dozens of industrial facilities, including an oil refinery, a steel mill, and a TVA gas plant." The letter stressed that all estimates of xAI's suspected pollution levels were "based on the most conservative emission factors," emphasizing that the situation may be even worse than the NAACP suggests. Because of Memphis' history of exceptionally poor air quality, any new source of pollutants requires permitting and emissions testing. The NAACP and SELC allege that, in its rush to power its supercomputer, xAI did not seek or conduct either of those prior to running methane gas turbines without proper controls.

Choking on AI Fumes? Elon Musk's Memphis Supercomputer Faces Air Pollution Lawsuit

An environmental group is demanding that Elon Musk shut down the pollution-causing elements of his AI supercomputer in Memphis, Tennessee, or they'll sue. The nonprofit Southern Environmental Law Center (SELC) sent a letter to Musk's company, xAI, on behalf of the NAACP, demanding it pull the plug on the supercomputer's gas turbines. "Since breaking ground on its supercomputer facility last year, xAI has been operating dozens of unpermitted methane gas turbines without public notice, permits, or air pollution controls," the nonprofit alleges, adding: "These pollutants can cause increased rates of asthma, heart disease, and cancer." The 58-page letter warns that the NAACP intends to file the lawsuit against xAI for allegedly violating the Clean Air Act by using as many as 35 gas turbines without the appropriate permits. The letter is an escalation from the SELC, which has been raising air pollution concerns for months. The xAI supercomputer, known as "Colossus," opened in Memphis last year and needs huge amounts of electricity to power AI training and processing. That energy consumption is also bound to increase since it'll eventually be home to 1 million enterprise-grade GPUs, up from the current 200,000. In response to the air pollution complaints, the Greater Memphis Chamber said in May that xAI had begun "demobilizing" some of the gas turbines at the facility. The remaining turbines would continue to run until this fall, when a new substation was slated to be completed. But according to the SELC's letter, satellite imagery indicates xAI's supercomputer still has 26 turbines at the site. The group accuses the company of removing the smaller turbines for several larger ones. xAI didn't immediately respond to a request for comment. But under the Clean Air Act, the SELC can only officially pursue the litigation 60 days after serving the formal legal threat. "This notice paves the way for a lawsuit that can hold xAI accountable for its unlawful refusal to get permits for its gas turbines," the nonprofit added in a statement. In the meantime, the local Shelby County Health Department in Tennessee is reviewing whether to issue the permits for xAI's gas turbines. Last month, the agency said it received "more than 1,700 public comments" on the matter.

NAACP threatens to sue Elon Musk's xAI over Memphis air pollution

June 17 (Reuters) - The National Association for the Advancement of Colored People (NAACP) on Tuesday sent a notice to billionaire Elon Musk's xAI, signaling its intention to sue the company over air pollution from the AI startup's data center in Memphis. The letter, sent by Southern Environmental Law Center (SELC) on NAACP's behalf, alleges xAI has violated federal law by using methane gas turbines at its South Memphis data center without acquiring permits or "best available" pollution controls. Data centers that provide computing power for AI are highly power-intensive and require round-the-clock electricity. Given the slow pace of clean-energy deployments, the surging demand is being met by fossil fuels including natural gas and coal. Methane emissions from human activities such as oil and gas production, electricity generation and agriculture are short-lived in the atmosphere, but are often more potent than carbon dioxide as a greenhouse gas. Emissions from xAI's data center further exacerbate the already poor air quality in Memphis, SELC said. "These turbines have pumped out pollution that threatens the health of Memphis families. This notice paves the way for a lawsuit that can hold xAI accountable for its unlawful refusal to get permits for its gas turbines," SELC Senior Attorney Patrick Anderson said. "We take our commitment to the community and environment seriously. The temporary power generation units are operating in compliance with all applicable laws," an xAI spokesman told Reuters. The AI company has installed 35 turbines, nearly all of which were running without the required permits as of April, SELC said. The SELC added that while xAI had removed some smaller turbines, the company recently installed three larger turbines. The environmental legal advocacy organization said in August that xAI had installed 20 gas turbines at the site. Representatives of Elon Musk did not immediately respond to Reuters' request for comment. Reporting by Vallari Srivastava in Bengaluru; Editing by Shreya Biswas Our Standards: The Thomson Reuters Trust Principles., opens new tab Suggested Topics:Artificial IntelligenceSustainable MarketsRegulatory OversightGovernanceGrid & Infrastructure

NAACP files intent to sue Elon Musk's xAI company over supercomputer air pollution

MEMPHIS, Tenn. (AP) -- The NAACP filed an intent to sue Elon Musk's artificial intelligence company xAI on Tuesday over concerns about air pollution generated by a supercomputer located near predominantly Black communities. The xAI data center began operating gas turbines last year, emitting air pollution, without first applying for a permit under an exemption that allowed them to do so for 364 days. The permit application now being considered by the Shelby County Health Department calls for the use of 15 turbines, though the Southern Environmental Law Center says there are as many as 35 turbines located at the sprawling facility. Musk's xAI said the turbines will be equipped with technology to reduce emissions -- and that it's already boosting the city's economy by investing billions of dollars in the supercomputer facility, paying millions in local taxes and creating hundreds of jobs. The company also is spending $35 million to build a power substation and $80 million to build a water recycling plant to the support Memphis, Light, Gas and Water, the local utility. But the Southern Environmental Law Center, among others, says the supercomputer is stressing the power grid, and that the gas-powered turbines emit smog and carbon dioxide, pollutants that cause lung irritation such as nitrogen oxides, and the carcinogen formaldehyde, experts say. The chamber of commerce in Memphis made a surprise announcement in June 2024 that xAI planned to build a supercomputer in the city. The data center quickly set up shop in an industrial park south Memphis, near factories and a gas-powered plant operated by the Tennessee Valley Authority. The SELC has claimed the use of the turbines violates the Clean Air Act and notes that residents who live near the xAI facility already face cancer risks at four times the national average. The group also has sent a petition to the Environmental Protection Agency.

Elon Musk is spending billions on an enormous supercomputer facility in Memphis. Residents say it's polluting their air and harming their health

The NAACP and an environmental group said Tuesday that they intend to sue Elon Musk's artificial intelligence company xAI over concerns about air pollution generated by a supercomputer facility located near predominantly Black communities in Memphis. The xAI data center began operating last year, powered in part by pollution-emitting gas turbines, without first applying for a permit. Officials have said an exemption allowed them to operate for up to 364 days without a permit, but Southern Environmental Law Center attorney Patrick Anderson said at a news conference that there is no such exemption for turbines -- and that regardless, it has now been more than 364 days. A 60-day notice of an intent to sue, a prerequisite to filing a lawsuit under the Clean Air Act, was sent to xAI in a letter. The SELC is representing the NAACP in its possible legal challenge against xAI and its permit application, now being considered by the Shelby County Health Department. The company said Tuesday that it takes its commitment to the community and environment seriously. "The temporary power generation units are operating in compliance with all applicable laws," an xAI statement said. Musk's xAI has said the turbines will be equipped with technology to reduce emissions -- and that it's already boosting the city's economy by investing billions of dollars in the supercomputer facility, paying millions in local taxes and creating hundreds of jobs. The company also is spending $35 million to build a power substation and $80 million to build a water recycling plant to the support Memphis, Light, Gas and Water, the local utility. The chamber of commerce in Memphis made a surprise announcement in June 2024 that xAI planned to build a supercomputer in the city. The data center quickly set up shop in an industrial park south Memphis, near factories and a gas-powered plant operated by the Tennessee Valley Authority. Opponents say the supercomputing center is stressing the power grid. They contend that the turbines emit smog and carbon dioxide, pollutants that cause lung irritation such as nitrogen oxides and the carcinogen formaldehyde. The SELC said the use of the turbines violates the Clean Air Act, and that residents who live near the xAI facility already face cancer risks at four times the national average. The group also has sent a petition to the Environmental Protection Agency. Critics say xAI installed the turbines without any oversight or notice to the community. The company requests to operate 15 turbines at the site, but the SELC said it hired a firm to fly over the facility and found up to 35 turbines operating there at times. The permit itself says emissions from the site "will be an area source for hazardous air pollutants." A permit would allow the health department, which has received 1,700 public comments about the permit, to monitor air quality near the facility. Opponents of the facility say city leaders have not been transparent with the community about their dealings with xAI, and they are sacrificing the health of residents in return for financial benefit. At a community meeting hosted by the county health department in April, many of the people speaking in opposition cited the additional pollution burden in a city that already received an "F" grade for ozone pollution from the American Lung Association. A statement read by xAI's Brent Mayo at the meeting said the company wants to "strengthen the fabric of the community," and estimated that tax revenues from the data center are likely to exceed $100 million by next year. "This tax revenue will support vital programs like public safety, health and human services, education, firefighters, police, parks and so much more," said the statement. The company also apparently wants to expand: The chamber of commerce said in March that xAI had purchased a 1 million square-foot property at a second location, not far from the current facility. Mayor Paul Young said In his weekly newsletter Friday that an ordinance now requires that 25% of xAI's city property tax revenue be reinvested directly into neighborhoods within 5 miles of the facility. Young also said that no tax incentives or public dollars are tied to the project. "Let's be clear, this isn't a debate between the environment and economics," Young said. "It's about putting people before politics. It's about building something better for communities that have waited far too long for real investment." One nearby neighborhood dealing with decades of industrial pollution is Boxtown, a tight-knit community founded by freed slaves in the 1860s. It was named Boxtown after residents used material dumped from railroad boxcars to fortify their homes. The area features houses, wooded areas and wetlands, and its inhabitants are mostly working class residents. Boxtown won a victory in 2021 against two corporations that sought to build an oil pipeline through the area. Valero and Plains All American Pipeline canceled the project after protests by residents and activists led by State Rep. Justin J. Pearson, who called it a potential danger to the community and an aquifer that provides clean drinking water to Memphis. Pearson, who represents nearby neighborhoods, said "clean air is a human right" as he called for people in Memphis to unite against xAI. "There is not a person, no matter how wealthy or how powerful, that can deny the fact that everybody has a right to breathe clean air," said Pearson, who compared the fight against xAI to David and Goliath. "We're all right to be David, because we know how the story ends," he said.

Civil Rights Group Gives Elon Musk's xAI 60 Days to Fix Alleged Clean Air Act Violations - Decrypt

Groups estimate turbines could emit up to 2,000 tons of nitrogen oxides annually if no controls are placed. In Memphis's Boxtown neighborhood, where cancer rates soar up to four times more than the national average, residents face a new threat. Thermal images allegedly show how gas turbines from xAI's facility pump toxins into already polluted air, prompting a civil rights group to give Elon Musk's AI lab a deadline: install pollution controls, or face a lawsuit. In a letter, attorneys for the NAACP, via the Southern Environmental Law Center, accused xAI of running 26 unpermitted gas turbines at its Memphis supercomputer site. The company has 60 days to address the alleged Clean Air Act violations. "We cannot afford to normalize this kind of environmental injustice," Derrick Johnson, president and CEO of the NAACP, said in a statement. "We will not allow xAI to get away with this." Decrypt has reached out to xAI for comment. Data centers that supply AI computing power are power-intensive and require a constant supply of electricity. Energy consumption from AI facilities is expected to account for 49% of global data center electricity usage by the end of 2025, surpassing even Bitcoin's energy consumption. The civil rights organization alleges that xAI's turbines have the potential "to emit more than 2,000 tons of smog-forming nitrogen oxides" annually, which could make it the largest industrial source in Memphis. However, due to slower clean-energy deployments, the rising demand is primarily met by utilizing fossil fuels such as natural gas and coal. Thermal imaging conducted in April purportedly revealed nearly all turbines were operational, contradicting xAI's claims. The NAACP noted that proper pollution controls could reduce emissions to approximately 177 tons annually, which is less than 10% of current levels. Local officials, including Memphis's mayor and the Shelby County Health Department, allegedly claim that a "364-day exemption" applies to xAI's turbines, the NAACP said, adding that despite these claims, they haven't identified which specific exemption would cover turbines based on the size of xAI's operations. The emissions projections are more concerning given how Memphis ranks as the fifth most prone metro area, according to a 2025 report by the Asthma and Allergy Foundation of America. If negotiations fail and a lawsuit proceeds, xAI could face injunctions halting its operations, as well as substantial fines for each violation.

NAACP files intent to sue Elon Musk's xAI company over supercomputer air pollution

MEMPHIS, Tenn. -- The NAACP filed an intent to sue Elon Musk's artificial intelligence company xAI on Tuesday over concerns about air pollution generated by a supercomputer located near predominantly Black communities. The xAI data center began operating gas turbines last year, emitting air pollution, without first applying for a permit under an exemption that allowed them to do so for 364 days. The permit application now being considered by the Shelby County Health Department calls for the use of 15 turbines, though the Southern Environmental Law Center says there are as many as 35 turbines located at the sprawling facility. Musk's xAI said the turbines will be equipped with technology to reduce emissions -- and that it's already boosting the city's economy by investing billions of dollars in the supercomputer facility, paying millions in local taxes and creating hundreds of jobs. The company also is spending $35 million to build a power substation and $80 million to build a water recycling plant to the support Memphis, Light, Gas and Water, the local utility. But the Southern Environmental Law Center, among others, says the supercomputer is stressing the power grid, and that the gas-powered turbines emit smog and carbon dioxide, pollutants that cause lung irritation such as nitrogen oxides, and the carcinogen formaldehyde, experts say. The chamber of commerce in Memphis made a surprise announcement in June 2024 that xAI planned to build a supercomputer in the city. The data center quickly set up shop in an industrial park south Memphis, near factories and a gas-powered plant operated by the Tennessee Valley Authority. The SELC has claimed the use of the turbines violates the Clean Air Act and notes that residents who live near the xAI facility already face cancer risks at four times the national average. The group also has sent a petition to the Environmental Protection Agency.

NAACP files intent to sue Elon Musk's xAI company over supercomputer air pollution

MEMPHIS, Tenn. (AP) -- The NAACP filed an intent to sue Elon Musk's artificial intelligence company xAI on Tuesday over concerns about air pollution generated by a supercomputer located near predominantly Black communities. The xAI data center began operating gas turbines last year, emitting air pollution, without first applying for a permit under an exemption that allowed them to do so for 364 days. The permit application now being considered by the Shelby County Health Department calls for the use of 15 turbines, though the Southern Environmental Law Center says there are as many as 35 turbines located at the sprawling facility. Musk's xAI said the turbines will be equipped with technology to reduce emissions -- and that it's already boosting the city's economy by investing billions of dollars in the supercomputer facility, paying millions in local taxes and creating hundreds of jobs. The company also is spending $35 million to build a power substation and $80 million to build a water recycling plant to the support Memphis, Light, Gas and Water, the local utility. But the Southern Environmental Law Center, among others, says the supercomputer is stressing the power grid, and that the gas-powered turbines emit smog and carbon dioxide, pollutants that cause lung irritation such as nitrogen oxides, and the carcinogen formaldehyde, experts say. The chamber of commerce in Memphis made a surprise announcement in June 2024 that xAI planned to build a supercomputer in the city. The data center quickly set up shop in an industrial park south Memphis, near factories and a gas-powered plant operated by the Tennessee Valley Authority. The SELC has claimed the use of the turbines violates the Clean Air Act and notes that residents who live near the xAI facility already face cancer risks at four times the national average. The group also has sent a petition to the Environmental Protection Agency.

Elon Musk's AI firm xAI faces lawsuit over data center air pollution

xAI has received a legal threat over its use of gas turbines at its Memphis AI hub, as Big Tech and AI firms frantically build their AI capabilities. Elon Musk's artificial intelligence firm xAI is facing legal action over air pollution from the gas-fired turbines it uses to power its Memphis computer farm. Musk's AI firm xAI received a 60-day notice of intent to sue for violations of the Clean Air Act on Tuesday from the Southern Environmental Law Center (SELC) over its "Colossus" AI datacenter in Memphis, Tennessee. The potential lawsuit, on behalf of the oldest civil rights group in America, the National Association for the Advancement of Colored People, centers on dozens of natural gas turbines that the firm installed to power the facility instead of waiting for a grid connection. According to SELC, these turbines are operating without proper air quality permits and are emitting harmful pollutants, including nitrogen oxides and formaldehyde, violating the Clean Air Act. "Over the past year, xAI has 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," the notice reads. The notice also claimed that xAI failed to implement "Best Available Control Technology," such as selective catalytic reduction to limit emissions, another Clean Air Act requirement for major sources. Related: Amazon to invest $13B in Australian AI data center infrastructure "We have on four different occasions sent formal requests to the local health department asking for them to use their authority to enforce the law," SELC senior attorney Patrick Anderson told Newsweek, adding, "Obviously, that hasn't happened." The Colossus datacenter is located at a former electronic manufacturing facility in South Memphis near a predominantly Black community called Boxtown, where air quality in the area is already diminished by other industrial emissions. "We are prepared to combat environmental racism at every turn," the NAACP said on X. The civil rights organization seeks injunctive relief, civil penalties, fees, and litigation costs. Cointelegraph contacted xAI and the NAACP for further comments but did not receive an immediate response. Musk's xAI is building a second, larger facility called Colossus 2 in Memphis, requiring at least 1 gigawatt of power. Data center demand is rapidly increasing, driven largely by the growth of cloud computing and AI, with the US Department of Energy projecting that it could double or triple by 2028. By 2030, data centers will need $6.7 trillion in global investments to meet the surging demand, research firm McKinsey reported in May. "AI's record-shattering demand is finding limitations in the supply of data centers and electricity as AI companies struggle to reach profitability amid mounting costs. Institutions estimate AI will drive a 165% increase in the demand for data centers by 2030," Nick Ruck, director at LVRG Research, told Cointelegraph. Amazon recently signed a deal with Talen Energy for nuclear energy to power its AI data centers in Pennsylvania through the year 2042. It also signalled plans to invest more than $13 billion in Australia's AI and cloud infrastructure.

NAACP Files Intent to Sue Elon Musk's XAI Company Over Supercomputer Air Pollution

MEMPHIS, Tenn. (AP) -- The NAACP filed an intent to sue Elon Musk's artificial intelligence company xAI on Tuesday over concerns about air pollution generated by a supercomputer located near predominantly Black communities. The xAI data center began operating gas turbines last year, emitting air pollution, without first applying for a permit under an exemption that allowed them to do so for 364 days. The permit application now being considered by the Shelby County Health Department calls for the use of 15 turbines, though the Southern Environmental Law Center says there are as many as 35 turbines located at the sprawling facility. Musk's xAI said the turbines will be equipped with technology to reduce emissions -- and that it's already boosting the city's economy by investing billions of dollars in the supercomputer facility, paying millions in local taxes and creating hundreds of jobs. The company also is spending $35 million to build a power substation and $80 million to build a water recycling plant to the support Memphis, Light, Gas and Water, the local utility. But the Southern Environmental Law Center, among others, says the supercomputer is stressing the power grid, and that the gas-powered turbines emit smog and carbon dioxide, pollutants that cause lung irritation such as nitrogen oxides, and the carcinogen formaldehyde, experts say. The chamber of commerce in Memphis made a surprise announcement in June 2024 that xAI planned to build a supercomputer in the city. The data center quickly set up shop in an industrial park south Memphis, near factories and a gas-powered plant operated by the Tennessee Valley Authority. The SELC has claimed the use of the turbines violates the Clean Air Act and notes that residents who live near the xAI facility already face cancer risks at four times the national average. The group also has sent a petition to the Environmental Protection Agency. Copyright 2025 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

NAACP Threatens to Sue Elon Musk's XAI Over Memphis Air Pollution

(Reuters) -The National Association for the Advancement of Colored People (NAACP) on Tuesday sent a notice to billionaire Elon Musk's xAI, signaling its intention to sue the company over air pollution from the AI startup's data center in Memphis. The letter, sent by Southern Environmental Law Center (SELC) on NAACP's behalf, alleges xAI has violated federal law by using methane gas turbines at its South Memphis data center without acquiring permits or "best available" pollution controls. Data centers that provide computing power for AI are highly power-intensive and require round-the-clock electricity. Given the slow pace of clean-energy deployments, the surging demand is being met by fossil fuels including natural gas and coal. Methane emissions from human activities such as oil and gas production, electricity generation and agriculture are short-lived in the atmosphere, but are often more potent than carbon dioxide as a greenhouse gas. Emissions from xAI's data center further exacerbate the already poor air quality in Memphis, SELC said. "These turbines have pumped out pollution that threatens the health of Memphis families. This notice paves the way for a lawsuit that can hold xAI accountable for its unlawful refusal to get permits for its gas turbines," SELC Senior Attorney Patrick Anderson said. "We take our commitment to the community and environment seriously. The temporary power generation units are operating in compliance with all applicable laws," an xAI spokesman told Reuters. The AI company has installed 35 turbines, nearly all of which were running without the required permits as of April, SELC said. The SELC added that while xAI had removed some smaller turbines, the company recently installed three larger turbines. The environmental legal advocacy organization said in August that xAI had installed 20 gas turbines at the site. Representatives of Elon Musk did not immediately respond to Reuters' request for comment. (Reporting by Vallari Srivastava in Bengaluru; Editing by Shreya Biswas)

NAACP planning to sue Musk AI company over supercomputer pollution

The NAACP and an environmental group are planning to sue Elon Musk's artificial intelligence company xAI, amid concerns that its supercomputer facility is prompting air pollution in Memphis, the groups announced Tuesday. The Southern Environmental Law Center (SELC), on behalf of the NAACP, sent a letter to xAI and its affiliates on Tuesday notifying the company of their intent to sue over its alleged continued use of methane gas turbines in southwest Memphis, SELC attorney Patrick Anderson told reporters Tuesday. The facility, which opened in June of last year, is located near predominantly Black communities in Memphis, according to the NAACP. The turbines, Anderson said, have pumped hazardous materials into the air for the past year and are in violation of the Clean Air Act. "The law is abundantly clear. XAI needed to get an air permit before installing and operating any of the turbines at their facility," Anderson said during the Tuesday press conference. "Over the last year, these turbines have pumped out pollution that threatens the health of Memphis families." Some local officials claimed that an exemption allowed xAI to operate the turbines for up to 364 days without a permit, but Anderson argued that there is no such exemption for turbines and that no official has been able to point to a specific exemption. "We cannot afford to normalize this kind of environmental injustice -- where billion-dollar companies set up polluting operations in Black neighborhoods without any permits and think they'll get away with it because the people don't have the power to fight back. We will not allow xAI to get away with this," said NAACP President and CEO Derrick Johnson. The NAACP pointed to studies showing Boxtown, the neighborhood closest to the xAI data center, faces a cancer risk four times the national average. A spokesperson for xAI said the company's temporary power generation units are "operating in compliance with all applicable laws" in response to the announcement. "We take our commitment to the community and environment seriously," the spokesperson added. xAI has said the turbines will have technology to reduce emissions and it is improving the city's economy by investing billions of dollars into the supercomputer facility, the Associated Press reported.

NAACP plans to sue Elon Musk's xAI over air pollution in Memphis

Commercial Appeal journalists cover the important moments in Memphis and the Mid-South. Support local journalism by subscribing. MEMPHIS, TN -- The NAACP and an environmental group announced on June 17 that they plan to sue billionaire Elon Musk's artificial intelligence company, xAI, over concerns about air pollution from the startup's data center in Memphis. The Southern Environmental Law Center (SELC) filed a 60-day intent to sue notice on behalf of the NAACP, alleging that xAI violated the Clean Air Act with its prolonged use of gas turbines at the company's Memphis facility. The lawsuit would be filed against X.AI Corp., and company affiliates CTC Property LLC and CTC Holding LLC. In the lawsuit, the NAACP and SELC claim that xAI has not filed pre-construction or operating permits for the use of the gas turbines, resulting in several violations of the Clean Air Act. They claim these violations include constructing a major source of pollutants without obtaining a significant deterioration (PSD) permit. Operating without a PSD permit is a direct violation of the Clean Air Act. Data centers that provide computing power for AI are highly power-intensive and require a constant supply of electricity. As data center computing demand continues to grow, they are increasingly responsible for higher carbon emissions, according to the Environmental and Energy Study Institute. In June 2024, the Greater Memphis Chamber of Commerce announced that xAI planned to build a supercomputer facility in the city. Over the past year, xAI has doubled in size and has rapidly expanded its Memphis footprint. "All too often, big corporations like xAI treat our communities and families like obstacles to be pushed aside," NAACP President Derrick Johnson said in a statement. "We cannot afford to normalize this kind of environmental injustice -- where billion-dollar companies set up polluting operations in Black neighborhoods without any permits and think they'll get away with it because the people don't have the power to fight back. We will not allow xAI to get away with this." Lawsuit: xAI turbines one of the largest 'industrial source of nitrogen oxides' Several electrical and mechanical permits have been filed with the Memphis and Shelby County Division of Planning and Development, dating back to April 2024 regarding the xAI project; however, none were specific to turbine or stationary power sources. The lawsuit also includes an August 2024 email from Shelby County Assistant Attorney John Marek to SELC staff, stating that "there are no construction or operating applications" for turbines at the xAI facility. The email was in response to a public records request from the SELC regarding turbine permitting. Additionally, the lawsuit claims xAI has operated without the best safety protocols or best available control technology. Without a PSD permit, the lawsuit alleges, there is no use of selective catalytic reduction (SCR) technology to reduce emissions on the gas turbines. In March, Memphis Mayor Paul Young said xAI planned to equip SCR technology on existing equipment. The lawsuit claims that, as of June 15, there were 26 operating gas turbines at the facility. Those 26 turbines are emitting 16 tons of hazardous air pollutants and more than 1,000 tons of nitrogen oxides, according to the lawsuit. "xAI's turbines are collectively one of the largest, or potentially the largest, industrial source of nitrogen oxides (NOx) in Shelby County," the lawsuit states. In response to the 60-day notice to sue, the Greater Memphis Chamber of Commerce said it will not comment on pending litigation, adding that the organization remains "focused on our core mission of driving economic development and business growth throughout the Greater Memphis region." An xAI spokesperson told the Memphis Commercial Appeal, part of the USA TODAY Network, that the company takes "our commitment to the community and environment seriously." "The temporary power generation units are operating in compliance with all applicable laws," the xAI spokesperson said in a statement. xAI's permit request for turbines still pending The Shelby County Health Department is still reviewing an operations permit for 15 natural gas turbines at the facility. The application calls for permanent 24/7 usage of the turbines at the site, though Bobby White, the chamber's chief government affairs officer, told The Commercial Appeal that xAI plans to use the 15 gas turbines for backup power. The use of gas turbines at xAI has been a staunch subject of debate, including the number of turbines in use at the site. In April, the SELC claimed that xAI was using 35 natural gas turbines at the facility and was in violation of the Clean Air Act. The county health department said there is an existing statute allowing the use of stationary gas turbines for up to 364 days before a permit is required. In the lawsuit, the SELC argued that the turbines in use at the xAI facility do not meet the exemption guidelines and claims that the county health department is stretching the definition of the Clean Air Act's "nonroad engine exemption" for some portable combustion engines. "There is no such exemption" SELC attorney Patrick Anderson said at a news conference on June 17. Anderson said that Young's office, the Greater Memphis Chamber of Commerce and the county health department could not confirm any citation or written language in regards to the 364-day exemption. In a statement, the county health department said it would not comment on potential or pending litigation but provided additional context regarding the operating permit that is still under review for 15 gas turbines. "The Shelby County Health Department is currently reviewing the air permit application submitted by xAI for a synthetic minor source under the state regulations and the Clean Air Act," according to the statement. "This review is being conducted in coordination with the U.S. Environmental Protection Agency's (EPA) Region 4 office. Shelby County Health Department has been working closely with the EPA Region 4 office since xAI arrived in Shelby County." Currently, a pair of 150-megawatt substations is planned to help power xAI's facility, and one of those is already completed. According to the lawsuit, the SELC and NAACP claim that xAI began using 16 gas turbines at the site on June 12, 2024, and in March, 35 gas turbines were at the xAI site, the highest total since operations began. NAACP critical of xAI, local leaders The decision for legal action comes after the NAACP called for the "immediate shutdown" of xAI's South Memphis facilities. On May 29, leaders from the Tennessee and Memphis chapters wrote a letter to Shelby County Health Department Director Michelle Taylor, criticizing both the health department and Memphis Light, Gas and Water (MLGW) over their handling of the xAI project. On June 3, MLGW President and CEO Doug McGowen responded to the letter and called for an apology from NAACP leaders. McGowen asked for an apology, citing "misinformation and innuendo" in the NAACP letter. Tensions around the xAI project have escalated with community leaders and stakeholders in Memphis who are concerned about both pollution and energy demands needed to power xAI's supercomputer. Currently, xAI is operating, Colossus 1, at its 3231 Paul R. Lowry Road facility. The company is also constructing Colossus 2 at its 5420 Tulane Road campus in the Whitehaven neighborhood. Colossus 2 is expected to require at least 1 gigawatt of power. Greater Memphis Chamber and xAI representatives have not responded to requests for comment regarding how the Tulane Road campus will be powered. Group leads march in downtown Memphis to protest xAI Following the NAACP's and SELC's announcement on June 17, about 100 people gathered at the National Civil Rights Museum in downtown Memphis before marching down Main Street in protest of xAI. The march was organized by the local advocacy group Tigers Against Pollution. The group, which was originally called Tigers Against Musk, was started by a group of University of Memphis students. Attendees rang cowbells and chanted "Hey, hey, ho, ho, xAI has got to go," as cars honked in support. Outside MLGW's downtown headquarters, the chants shifted into "Memphis Light, Gas and Water, no respect, no honor" and "Our city, our water." Kenny Halt -- a Flint, Michigan, transplant -- works with Tigers Against Pollution on its social media and went to the protest. He said he sees similarities with the water crisis in Flint. Halt said he feels the momentum behind folks speaking out against xAI began at the public hearing at Fairley High School over xAI's request to permanently use 15 natural gas turbines at its 3231 Paul R. Lowry Road facility. "It was such a powerful thing to see that many people (speak up)," he said. Journee Jenkins, 19, came out to the march after attending the "No Kings" protest on June 14. Jenkins, who has chronic asthma, said she's had migraine episodes more frequently over the last several months. For her, air pollution is the largest concern with xAI. "I have friends who live down there (South Memphis) who say they feel dizzy every day," she said.

NAACP files intent to sue Elon Musk's xAI company over supercomputer air pollution

The NAACP plans to sue Elon Musk's xAI over air pollution from its Memphis supercomputer facility, located near predominantly Black communities. Critics cite unpermitted turbine use, health risks, and Clean Air Act violations. xAI defends its investments and emission-reduction tech amid mounting environmental and legal concerns.The NAACP filed an intent to sue Elon Musk's artificial intelligence company xAI on Tuesday over concerns about air pollution generated by a supercomputer located near predominantly Black communities. The xAI data centre began operating gas turbines last year, emitting air pollution, without first applying for a permit under an exemption that allowed them to do so for 364 days. The permit application now being considered by the Shelby County Health Department calls for the use of 15 turbines, though the Southern Environmental Law Center (SELC) says there are as many as 35 turbines located at the sprawling facility. Musk's xAI said the turbines will be equipped with technology to reduce emissions - and that it's already boosting the city's economy by investing billions of dollars in the supercomputer facility, paying millions in local taxes and creating hundreds of jobs. The company also is spending USD 35 million to build a power substation and USD 80 million to build a water recycling plant to the support Memphis, Light, Gas and Water, the local utility. But the Southern Environmental Law Centre, among others, says the supercomputer is stressing the power grid, and that the gas-powered turbines emit smog and carbon dioxide, pollutants that cause lung irritation such as nitrogen oxides, and the carcinogen formaldehyde, experts say. The chamber of commerce in Memphis made a surprise announcement in June 2024 that xAI planned to build a supercomputer in the city. The data centre quickly set up shop in an industrial park south Memphis, near factories and a gas-powered plant operated by the Tennessee Valley Authority. The SELC has claimed the use of the turbines violates the Clean Air Act and notes that residents who live near the xAI facility already face cancer risks at four times the national average. The group also has sent a petition to the Environmental Protection Agency.

Elon Musk's xAI May Face 'Clean Air Act' Lawsuit Over Alleged Pollution At Memphis Data Center - Alphabet (NASDAQ:GOOGL)

The data center operated by Elon Musk's xAI in Memphis is facing potential legal action for running a fleet of natural gas turbines without the necessary permits. What Happened: The Southern Environmental Law Center (SELC) sent a letter to xAI, threatening legal action on behalf of the NAACP. The letter accuses xAI of violating federal law by operating methane gas turbines at its South Memphis data center without the required permits or pollution controls. A 60-day Notice of Intent to Sue is a required step before initiating a lawsuit under the Clean Air Act The SELC, on behalf of the NAACP, claims that xAI has installed and operated at least 35 combustion turbines and other air pollution sources at the Colossus site without securing the required preconstruction or operating air permits. Citing the SELC and NAACP, Tech Crunch reported that the turbines are reportedly capable of releasing more than 2,000 tons of nitrogen oxides (NOx) annually -- pollutants that significantly contribute to the formation of smog. This raises serious concerns, especially since Memphis already ranks among the areas with the poorest air quality in the region and was named the nation's asthma capital in 2024. Although some local officials, including the Memphis Mayor and the Shelby County Health Department, have cited a so-called "364 exemption" for xAI's gas turbines, they have not identified any specific provision that would cover turbines as large as those installed at the xAI site. xAI did not immediately respond to Benzinga's request for comment. See Also: Ayatollah Assassination Discussion Rejected By Putin: 'I Do Not Even Want To Discuss This Possibility' Why It Matters: This is not the first time xAI has faced allegations of environmental violations. In May, the company was accused of operating unpermitted gas turbines at a major data center in Memphis. The situation raised concerns over public health and potential violations of federal and local environmental laws. Environmental concerns surrounding data centers are not unique to xAI. A report from the Environmental Integrity Project highlighted the environmental risks posed by a series of proposed gas power plants in Texas, designed to supply electricity to data centers. This has led to a significant increase in air pollution in the state, despite underutilized clean energy alternatives. Moreover, a study from UC Riverside and Caltech found that pollution from Big Tech's data centers, which power artificial intelligence models and cloud computing, has cost the U.S. public health system an estimated $5.4 billion over the past five years. Companies like Google GOOG GOOGL, Microsoft MSFT, and Meta Platforms Inc. META have been identified as some of the biggest contributors to this health cost. READ MORE: Palantir's Head Of Defense Says 'Xi Jinping Is Decoupling From Us' -- Warns America Risks Losing Leverage If China Tech Shift Goes Unchecked Image via Shutterstock Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors. GOOGLAlphabet Inc$173.87-1.18%Stock Score Locked: Edge Members Only Benzinga Rankings give you vital metrics on any stock - anytime. Unlock RankingsEdge RankingsMomentum37.01Growth88.25Quality88.07Value51.52Price TrendShortMediumLongOverviewMarket News and Data brought to you by Benzinga APIs