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Dive Brief:
The Department of Justice indicated Wednesday that it may intervene in a lawsuit filed by the NAACP against Elon Musk’s xAI and MZX Tech, its energy infrastructure and real estate subsidiary, alleging the companies are illegally operating a gas power plant in Southaven, Mississippi, to support a nearby data center.
The notice suggests that the government may intervene on behalf of xAI. “This case concerns the interpretation and application of the Clean Air Act, as well as other legal and policy questions as to which the United States has a substantial interest, including its priorities with respect to promotion of artificial intelligence,” Adam Gustafson, principal deputy assistant attorney general for the Environment and Natural Resources Division at DOJ, said Wednesday in a notice to the U.S. District Court for the Northern District of Mississippi. “It is the policy of the United States to sustain and enhance America’s global AI dominance.”
Gustafson said that the administration “is evaluating possible intervention or amicus participation in this lawsuit,” and “respectfully requests that the Court grant Defendants’ motion for extension of time to respond to Plaintiffs’ preliminary injunction motion.”












