DOJ Intervenes in xAI Gas Turbine Lawsuit, Citing National Security
The U.S. Department of Justice has sided with Elon Musk's xAI in a lawsuit over unpermitted gas turbines, arguing that shutting them down would threaten national security. The NAACP lawsuit claims the turbines violate the Clean Air Act and harm public health.
The U.S. Department of Justice (DOJ) intervened on Monday in a lawsuit concerning xAI's natural gas turbines in Mississippi. In a court filing, the agency supported Elon Musk's company, arguing that efforts to stop the turbines “threatens 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 DOJ, along with xAI and the state of Mississippi, asked the court to dismiss the suit filed by the NAACP in April. The NAACP alleges xAI violated the Clean Air Act by operating natural gas turbines without permits at its second data center, Colossus 2, in Southaven, Mississippi. In May, the NAACP sought a preliminary injunction, claiming the turbines increase risks of asthma attacks and heart disease in communities already burdened by pollution.
According to a DOJ memorandum, only four AI models, including Grok, “support mission-critical operations across Secret and Top-Secret classified networks.” A declaration by Cameron Stanley, the Department of Defense's chief digital and AI officer, detailed how the military relies on Grok's Gov model for “support vital national security missions,” including recent strikes against Iran. Forcing xAI to stop the turbines, he said, “directly threatens ongoing national security interests.”
xAI—part of SpaceX—gained national attention in 2024 when Memphis residents raised alarms about unpermitted turbines at its first data center. The Memphis region has some of the highest asthma rates in the country. State agencies in Tennessee and Mississippi claim the company has a year to operate without permits—a claim the NAACP argues is inconsistent with EPA regulations.
The original NAACP lawsuit identified 27 turbines operating without permits in Southaven. But emails between xAI and state regulators obtained by the Southern Environmental Law Center (SELC) show that by mid-May, 57 turbines were operating without permits at Colossus 2. Many were added weeks after the lawsuit was filed. The increase from 27 to 57 turbines means a 111% increase in nitrogen oxide emissions, an 83% increase in PM2.5 emissions, and an 88% increase in formaldehyde emissions since April.
