DOJ backs xAI's unpermitted gas turbines, citing national security
The U.S. Department of Justice has sided with xAI in a lawsuit by the NAACP over unlicensed gas turbines at Memphis data centers, arguing that shutting them down would harm national security and AI innovation.
Legal Battle Over Gas Turbines in Memphis
The U.S. Department of Justice on Monday supported Elon Musk's AI company xAI in a lawsuit seeking to block the use of dozens of unpermitted natural gas turbines near its Memphis data centers, according to a report by Wired. In a memorandum, the DOJ argued that if the NAACP, which filed the lawsuit in April, succeeds, it would undermine "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 memo stated that Grok, an AI model developed by xAI, is one of four models that support "mission-critical operations," including recent strikes in Iran. The NAACP first signaled its intent to sue xAI last June, aiming to halt the company's use of "mobile" gas turbines at its Colossus and Colossus 2 data centers. Those efforts failed, and xAI has since added more turbines, bringing the total to 57.
Environmental and Health Concerns
Because the turbines remain on trailers, xAI claims they are exempt from Mississippi air pollution regulations for one year. The Southern Environmental Law Center, representing the NAACP, argues that the company's use still violates federal law, which considers trailer-mounted turbines as stationary and thus subject to regulation. The NAACP has noted that the region, already one of the most polluted in the country, has experienced worse air quality since xAI's data centers became operational. Since last year, the number of turbines has more than doubled, leading to an increase in three major air pollutants: PM2.5, formaldehyde, and nitrogen oxides (NOx). All three are linked to asthma and cardiovascular disease. Formaldehyde exposure raises cancer risk, while PM2.5 is associated with ailments ranging from stroke to Alzheimer's disease.
Future Plans
The company, now a division of SpaceX, is likely to acquire more generators in the coming months or years. In SpaceX's IPO filing, it stated it will purchase another $2.8 billion worth of gas turbines over the next three years to power its AI data centers. At least $2 billion of that is earmarked for "mobile gas turbines."
