Federal Judge Allows NAACP Clean Air Act Lawsuit Against xAI's Colossus Data Center to Proceed
A federal judge has denied xAI's motion to dismiss an NAACP lawsuit accusing the company—owned by SpaceX—of failing to obtain the permits required to operate the gas turbines powering its Colossus data center outside Memphis.
The Allegations
Represented by the Southern Environmental Law Center, the NAACP alleges that the AI company "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 suit further accuses xAI of violating the Clean Air Act.
xAI's Defense
xAI sought to have the case dismissed on two grounds. First, the company argued that the turbines are exempt from permitting requirements because they qualify as mobile sources. Second, it contended that the plaintiffs lacked standing to sue.
The Court's Ruling
Judge Debra M. Brown rejected both arguments in her decision:
"Because the plaintiffs have statutory standing under the Clean Air Act, because the combustion turbines are not 'mobile sources' under Mississippi's [State Implementation Plan], and because the citizen suit provision does not violate Article II of the Constitution or the private nondelegation doctrine, the plaintiffs' claims will proceed."
Addressing xAI's constitutional challenge to citizen lawsuits, Judge Brown wrote:
"Because citizen suit plaintiffs sue on their own behalf, in their own name, and seek penalties that redress harm to themselves, they are not exercising the federal government's executive power."
The ruling follows a similar decision earlier this month, in which a judge denied a motion to dismiss from the Department of Justice.
Reaction from the NAACP
In a statement, Abre' Connor, the NAACP's director of environmental and climate justice, called the ruling "another important victory in our effort to hold xAI accountable."
"The courts have repeatedly rejected attempts by xAI and the DOJ to dismiss the NAACP's Clean Air Act case, affirming our right to pursue justice for communities impacted by pollution," Connor said. "Our position has been clear: xAI cannot operate gas turbines without the required permits."
TechCrunch has reached out to SpaceX for comment.
Broader Backlash Against Data Centers
The lawsuit proceeds amid a sharp shift in public opinion against data centers. New York recently enacted a moratorium on new data center construction, and other state and local governments are weighing similar measures.
The backlash has also prompted Amazon and Microsoft to pledge an end to their use of NDAs in dealings with government agencies. With the U.S. midterm elections approaching, the data center boom—and its environmental and community impacts—could emerge as a significant political factor.
via TechCrunch AI