US Federal Judge Denies xAI Motion to Dismiss NAACP Lawsuit Over Data Center Pollution
xAI faces continued litigation over alleged Clean Air Act violations at its Colossus data center after a judge rejected its dismissal motion.
A US federal judge has denied a motion by xAI to dismiss a lawsuit filed by the NAACP alleging that the SpaceX-owned AI company violated the Clean Air Act by operating unpermitted gas turbines at its Colossus data center near Memphis.
The Southern Environmental Law Center, representing the NAACP, claims xAI installed and operated at least 35 combustion turbines without obtaining necessary preconstruction or operating air permits. xAI argued the turbines were exempt as 'mobile sources' and that plaintiffs lacked standing.
Judge Debra M. Brown ruled that plaintiffs have statutory standing under the Clean Air Act and that the turbines do not qualify as mobile sources under Mississippi's State Implementation Plan. She also rejected xAI's constitutional challenge to citizen suits, stating they do not violate Article II.
The ruling comes amid growing public backlash against data center expansion, with New York recently passing a moratorium on new facilities and other jurisdictions considering similar measures. Amazon and Microsoft have also pledged to stop using NDAs in dealings with government agencies.