Judge throws out U.S. DOJ attempt to deny communities’ day in court against Musk’s company, xAI
Victory
Such citizen suits serve as an essential backstop — and often a last resort — for communities when government regulators fail to hold polluters accountable.
Contacts
Eric Hilt, ehilt@selc.org
Dustin Renaud, drenaud@earthjustice.org
Chyna Fields, cfields@naacpnet.org
On Monday, the U.S. District Court for the Northern District of Mississippi denied the U.S. Department of Justice’s attempt to dismiss NAACP’s Clean Air Act lawsuit, which challenges the tech company’s continued operation of an illegal, unpermitted gas-fired power plant to support its Colossus 2 data center. The District Court ruled that the DOJ does not have the right to unilaterally block the case and rejected the department’s argument that xAI should be allowed to break the law solely because the Trump administration says so.
In its order, the Court wrote that there is “no ‘fairly possible’ interpretation of the Clean Air Act that would give the United States the right to unilaterally dismiss a citizen suit,” and that it “does not share the ‘serious constitutional doubts’ that the United States identifies” in its filings.
While the Court ruled that the DOJ can intervene in the case, it noted that “[w]hat the United States can and cannot do after intervention, however, is another matter.”
The district court’s order came shortly after the Fifth Circuit Court of Appeals denied the DOJ’s motion for a stay of the district court proceedings, citing that the Court had not yet ruled on the issue.
xAI’s massive, unpermitted power plant is able to emit more than 5,000 tons of nitrogen oxides (NOx) each year, making it one of the top emitters of the smog-forming pollutant in the country. It’s also able to pump more than 400 tons of fine particulate matter and more than 47 tons of formaldehyde into nearby communities in Memphis and North Mississippi each year. These harmful pollutants are tied to increases in asthma, heart disease, respiratory illnesses, cancer, and premature death.
Below are statements from the NAACP, Southern Environmental Law Center, and Earthjustice in response to the orders:
“The NAACP, along with our partners, is pleased that the Fifth Circuit Court recognized the importance of following Civil Procedure 101. The DOJ tried an end run to the court of appeals, but its effort did not work in its favor,” said Abre’ Conner, NAACP Director of Environmental and Climate Justice. “Our case has always been about holding polluters accountable and making sure that entities follow the law. The court made clear today that the law applies to everyone, including the federal government. We look forward to continuing our fight against pollution in the courtroom.”
“We are pleased the Court saw through the Department of Justice’s deeply flawed arguments, which aimed to block communities from holding xAI accountable for the harmful air pollution being pumped out by its illegal power plant,” SELC Senior Attorney Patrick Anderson said. “This is a major step toward protecting communities in North Mississippi and Memphis from xAI’s unlawful pollution, and we look forward to continuing to fight in court.”
“The Trump Administration has gone out of its way to shield Elon Musk’s company, xAI, from liability and to deny local communities their right to protect themselves against illegal pollution.” said Laura Thoms, Enforcement Director for Earthjustice. “The District Court upheld that right by denying the U.S.’s unprecedented and alarming argument that it has unilateral and unreviewable veto power over citizen suits. We will continue the fight to hold xAI accountable for the illegal air pollution it has been pumping out around the clock and look forward to presenting our case before the District Court.”
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The Southern Environmental Law Center is one of the nation’s most powerful defenders of the environment, rooted in the South. With a long track record, SELC takes on the toughest environmental challenges in court, in government, and in our communities to protect our region’s air, water, climate, wildlife, lands, and people. Nonprofit and nonpartisan, the organization has a staff of 250, including more than 160 legal and policy experts, and is headquartered in Charlottesville, Va., with offices in Asheville, Atlanta, Birmingham, Chapel Hill, Charleston, Nashville, Richmond, and Washington, D.C. selc.org
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