The US Justice Department told a federal court to throw out a case that claims xAI's data centers are polluting locals in Memphis, Tennessee, by illegally running dozens of portable natural gas turbines.The National Association for the Advancement of Colored People (NAACP) and other groups argue that the company, now a part of SpaceX, failed to get a permit for its power plant.But the DoJ said that the power plant for the AI data center is “critical to the economy” and the US military."The NAACP threatens American 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 DoJ said in a motion for dismissal.The DoJ claimed that the continued operation and availability of xAI's AI system Grok “is a matter of paramount national security," with the Department of Defense's chief digital and artificial intelligence officer, Cameron Stanley, writing a letter supporting the model.Stanley said that the Grok Gov Model offers features “found in no other frontier AI model," and added that Grok “enabled US forces to deploy over 2,000 munitions to 2,000 distinct targets within 96 hours" during the US-Iran war.xAI uses turbines to power both the Colossus I and II data centers, with the latter used by Grok (as well as Google).The former is used by Anthropic, which the DoD has separately claimed is a supply chain risk, forcing military contractors to stop working with the company.In its initial filing, the NAACP said that "the Colossus Gas Plant emits significant amounts of harmful pollutants, including nitrogen oxides (“NOx”) and formaldehyde, which are tied to increases in asthma, respiratory diseases, heart problems, and certain cancers in persons exposed to them."Particles of fine particulate matter, known as PM2.5, are linked to a variety of health issues.xAI used a loophole in the Clean Air Act to run as many as 35 turbines without a permit for a year, but last year, local regulators granted a permit to run 15 turbines until 2027. The NAACP alleges that xAI has illegally installed and is operating 57 gas turbines at its Southaven facility.The company plans a third data center in the same area.The DoJ move is a “desperate attempt to protect wealthy tech companies from obeying the laws meant to protect people from pollution,” said Laura Thoms, director of enforcement for Earthjustice, an environmental law firm that represents the NAACP and Southern Environmental Law Center.“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."Abre’ Conner, NAACP director of environmental and climate justice, said: “At a time when the ultra-rich seem to be protected and supported by some of our government entities, it is important that polluting industries don’t get to benefit at the expense of the health of black communities.“Citizen suits are a bedrock insurance policy for communities to hold polluters accountable for decisions that cause them harm. This should not be up for debate, and the NAACP will continue to stand up for democracy and against federal bullying and authoritarianism."Musk spent $288 million supporting Trump and allied Republicans during the 2024 election campaign, and temporarily worked as a White House advisor as part of the DOGE effort.This month, Musk became the world's first trillionaire on the back of the blockbuster IPO of SpaceX. The company has maintained that it is in full compliance with the law.
Trump's DoJ urges judge to throw out xAI data center gas turbine suit, citing national security
Reveals Grok was used in the Iran war






