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US government backs Elon Musk’s xAI in pollution lawsuit

The United States government has intervened in an environmental dispute involving Elon Musk’s AI company, xAI, urging a federal court to dismiss a lawsuit that seeks to halt the operation of natural gas turbines intended to power a large data center in Tennessee. The Department of Justice argued that efforts to block the power project threaten national security.

Lawsuit Alleges Unpermitted Turbines

The lawsuit, filed in April by the National Association for the Advancement of Colored People (NAACP) under the 1963 Clean Air Act, accuses xAI of illegally operating dozens of natural gas turbines. These turbines were constructed to power the Colossus 2 data center in Memphis, Tennessee, and are located in nearby Southaven, Mississippi. The NAACP alleges that xAI failed to obtain necessary permits for the turbines, exposing hundreds of thousands of residents to harmful pollutants linked to respiratory diseases, heart problems, and certain cancers. The lawsuit highlights that a significantly larger proportion of residents in the affected area are Black compared to the general U.S. population.

National Security Claim

In a court motion filed this week in a U.S. District Court, the Justice Department requested the dismissal of the NAACP’s lawsuit. The department contended that the civil rights group’s actions threaten “national, economic, and energy security by seeking to shut off the power supply for artificial intelligence innovation that supports the Department of War’s military operations.” The motion also asserts that the U.S. Constitution grants the executive branch exclusive authority to pursue civil penalties and to determine when such actions are inconsistent with federal priorities.

Adam Gustafson, lead prosecutor for the Justice Department’s environment and natural resources division, stated that the government “will not sit idly by while private organizations use environmental laws to undermine our national security.”

Criticism of Intervention

Earthjustice, an advocacy group representing the NAACP, condemned the government’s intervention as a “massive power grab” by the Trump administration. Laura Thoms, director of enforcement for Earthjustice, stated, “Trump’s Justice Department wants to shield Elon Musk’s data center company, xAI, from being held accountable for its illegal pollution – and it’s attempting to grab power from impacted communities, the courts, and Congress to do so.” Ann Carlson, a professor of environmental law at UCLA, described the administration’s argument as a “brazen attempt” to limit the enforcement of the Clean Air Act, suggesting it could allow polluters to escape accountability for violations.

The Pentagon has indicated that AI tools, including xAI’s Grok model, are being integrated into military operations. According to Cameron Stanley, the Pentagon’s top official for AI, the inability to deploy and upgrade such tools due to energy supply or compute capability limitations could severely impact military functions.