NAACP Sues xAI for Illegal Pollution from Data Center Power Plant

On Tuesday, NAACP sued xAI and its subsidiary, MZX Tech, for the tech companies’ unlawful operation of dozens of unpermitted methane gas turbines to power its Colossus 2 data center in South Memphis. The Southern Environmental Law Center and Earthjustice are representing the Mississippi State Conference of the NAACP and the national NAACP.

The lawsuit explains that xAI is illegally operating 27 gas turbines without an air permit in Southaven, Mississippi, effectively building a power plant for its Colossus 2 data center, which powers the company’s chatbot, Grok. The company’s failure to get a permit for its power plant—which is located near homes, schools, and churches—creates added health risks for families in North Mississippi and Memphis and is a clear violation of the Clean Air Act, which requires major sources of pollution to obtain air permits before being constructed or operated.

“A data center should not be a potential death sentence for a community’s health. By looking to evade clear air laws to operate dirty turbines that emit pollution and known carcinogens, these companies are following a shameful, familiar pattern: asking Black and frontline communities to bear the toxic brunt of ‘innovation,’” said Abre’ Conner, NAACP Director of Environmental and Climate Justice. “As we shared since xAI started operating in Memphis, our homes, churches, and playgrounds will not be sacrifice zones for Big Tech’s convenience. The NAACP stands firm that true progress cannot be built by ignoring community health and our environment. Our right to clean air is not up for negotiation, especially when companies prove expediency not people is their priority.”

Gas turbines—like the ones used at xAI’s Southaven power plant—pump out smog-forming pollution, fine particulate matter, and hazardous chemicals. These pollutants are tied to increases in asthma, respiratory diseases, heart problems, and certain cancers.

“xAI has been pumping illegal pollution into this community in its rush to power the ‘Colossus 2’ data center. No company – and no industry – has a free license to pollute our air,” said Laura Thoms, the director of enforcement for Earthjustice. “xAI isn’t above the law, and we’re filing this lawsuit to hold them accountable.”

xAI’s power plant in Southaven has the potential to emit more than 1,700 tons of smog-forming nitrogen oxides (NOx) each year. The staggering emissions numbers likely make the facility the largest industrial source of NOx in the greater Memphis area, an area already failing to meet national smog standards. The illegal turbines also have the potential to release up to 180 tons of fine particulate matter, 500 tons of carbon monoxide, and 19 tons of formaldehyde—a toxic, cancer-causing chemical—each year.

Recently, hundreds of community members packed a Mississippi Department of Environmental Quality hearing about xAI’s facility, pushing back on xAI’s gas plant in Southaven. Neighbors expressed significant concerns about both the unpermitted power plant’s impact on their air, their health, and their quality of life, and the impacts that would be felt following the permitting of a different 41-turbine power plant at this site.

This lawsuit concerns the already-built, unpermitted power plant and follows a 60-day notice of intent to sue, which is required under the Clean Air Act and was sent to xAI in February. xAI continues to unlawfully operate its power plant even after receiving the notice letter.

“xAI’s continued operation of these turbines without a permit and without adequate pollution controls is not only illegal, it’s an insult to families living nearby who for months have expressed serious concerns about how air pollution from the company’s personal power plant could impact their health and wellbeing,” SELC Senior Attorney Ben Grillot said. “xAI must be held accountable for its reckless, unlawful actions—and that’s exactly what this lawsuit aims to do.”

NAACP’s lawsuit was filed on Tuesday in federal district court for the Northern District of Mississippi. Among other things, the NAACP is asking the court to declare that xAI has violated the Clean Air Act, force xAI to stop operating unpermitted turbines at its Southaven facility, order xAI to install the best available control technology on the power plant, and assess financial penalties to xAI for every day it violated federal law.