US judge lets NAACP lawsuit over xAI data center gas turbines proceed

A US federal judge, Debra M. Brown, has denied a motion by artificial intelligence company xAI to dismiss a lawsuit brought by the NAACP, the US civil rights organization. The case concerns gas turbines powering xAI's Colossus data center outside Memphis. xAI is owned by SpaceX. The ruling means the case will go forward, with the court to consider allegations of environmental law violations.

The Southern Environmental Law Center, suing on the NAACP's behalf, says xAI installed and operated at least 35 combustion turbines and other air pollution sources at the Colossus site without ever obtaining the necessary preconstruction or operating air permits. The suit also accuses the company of violating the Clean Air Act.

xAI's arguments

xAI asked for the case to be thrown out, arguing the turbines are exempt from permitting requirements because they are mobile. It also contended that the plaintiffs lacked standing to sue. The judge disagreed: the plaintiffs have statutory standing under the Clean Air Act, the turbines are not "mobile sources" under Mississippi's State Implementation Plan, and the citizen suit provision does not violate Article II of the Constitution or the private nondelegation doctrine.

Addressing xAI's claim that such citizen lawsuits are unconstitutional, Brown wrote that plaintiffs in citizen suits sue on their own behalf and in their own name, and seek penalties that redress harm to themselves, so they are not exercising the federal government's executive power.

Reaction and context

Abre' Connor, the NAACP's director of environmental and climate justice, called the ruling "another important victory" in efforts to hold xAI accountable. She said courts have repeatedly rejected attempts by xAI and the Department of Justice to dismiss the case, and stressed that xAI cannot operate gas turbines without the required permits. A similar motion from the Department of Justice was denied earlier this month.

TechCrunch has asked SpaceX for comment.

The case is proceeding as public opinion appears to have turned sharply against data centers. New York recently passed a moratorium on new data centers, and other state and local governments are considering similar measures. Amazon and Microsoft have promised to stop using NDAs in dealings with government agencies, and the issue could play a role in the upcoming US midterm elections.