Justice Department backs xAI in NAACP air pollution suit

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The Trump administration is intervening on behalf of Elon Musk’s xAI after the NAACP accused it in court of illegally polluting the air of a Memphis-area community.

In April, the civil rights organization alleged that xAI did not get an air pollution permit for its Colossus Gas Plant, which powers its Colossus 2 data center that in turn powers the AI chatbot Grok.

In a filing on Monday, the Justice Department asked the court to dismiss the case. It argued that it’s up to the United States when to enforce the Clean Air Act.

The Trump administration also argued that Grok’s ability to operate “is a matter of paramount national security.”

It described it as one of only four AI models that can support “national security applications” and one of three that can support “mission-critical operations across Secret and Top-Secret classified networks.”

It said that during the war with Iran, Grok enabled the U.S. to “deploy over 2,000 munitions to 2,000 distinct targets within 96 hours.”

The NAACP’s lawsuit alleged that xAI’s plant, made up of 27 gas turbines, emits large amounts of pollution that are linked to asthma, respiratory diseases, heart problems and certain cancers. It also says that the communities surrounding the plant have a disproportionately high Black population.

It said that if it had gone through the Clean Air Act process,  it may have been required to cut down on this pollution.

In court, xAI has argued that it rightly relied on the state of Mississippi’s determination that the portable turbines it uses are “mobile” sources of pollution and therefore, it did not need to get a permit typically required for “stationary” pollution sources like power plants.

The suit comes amid public backlash to data centers, including for environmental reasons.

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Elon Musk

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