Justice Department Seeks Dismissal of NAACP Clean Air Act Suit Against xAI in Southaven, Mississippi

The Justice Department is seeking to quash a Clean Air Act lawsuit brought by the NAACP against xAI over gas turbines at a power plant in Southaven, Mississippi, arguing the plant is needed for national security interests tied to “the war in Iran.”

“DOJ seeks to dismiss air pollution lawsuit against xAI data center The Trump administration is helping one of Elon Musk’s companies fight a civil rights lawsuit that alleges it is illegally running dozens of natural gas turbines to power a $20 billion data center in Mississippi WASHINGTON -- The Trump administration is helping one of Elon Musk's companies fight a civil rights lawsuit that alleges it is illegally running dozens of natural gas turbines to power a $20 billion data center in Mississippi”

ABC News

In a motion late Monday, the DOJ asked a federal court in Mississippi to dismiss the NAACP’s case, saying the turbines are “critical to the economy” and the U.S. military and that “the state of Mississippi — not the federal government — is responsible for any permits.”

ABC News

The NAACP lawsuit, filed in April, alleges xAI’s subsidiary failed to get a permit for its power plant near homes, schools and churches, creating health risks and violating the federal Clean Air Act.

The dispute is playing out as federal agencies try to stop the lawsuit affecting xAI’s Colossus supercomputers in Memphis, Tennessee, which are described as being used to train and upgrade Grok AI tools.

In a filing, the DOJ also argued that “Ultimate responsibility for enforcing federal law belongs to the Executive Branch, not private interest groups,” as the NAACP seeks an injunction to shut down the machines while litigation proceeds.

The DOJ’s intervention drew pushback from Earthjustice, where director of enforcement Laura Thoms said, “This isn’t about national security; it’s a desperate attempt to protect wealthy tech companies from obeying the laws meant to protect people from pollution.”

In the same dispute, the NAACP’s director of environmental and climate justice Abre’ Conner said, “This should not be up for debate, and the NAACP will continue to stand up for democracy and against federal bullying and authoritarianism.”

Ars Technica

The DOJ’s position is that the Clean Air Act “affords the United States primacy over citizen-enforcers” like the NAACP, giving the federal government discretion over when and how the law should be enforced.

A Department of Defense official, Cameron Davis, is cited in the DOJ filing as saying Grok’s continued operation is “a matter of paramount national security,” and the filing links Grok to military operations against Iran.

Earthjustice and the Southern Environmental Law Center characterize the DOJ’s move as an attempt to take power away from communities and courts, while the DOJ argues the motion is intended to protect national security and promote American energy and innovation.

The NAACP alleges xAI is running dozens of natural gas turbines without proper permits or pollution controls, and the DOJ’s filings are framed around keeping the power supply available for AI innovation supporting military operations.

In one account, the NAACP alleges xAI currently has 57 turbines at the plant, up from 27 in February, while the Southern Environmental Law Center says xAI installed and is operating 59 unpermitted turbines at a nearby site in Southaven.

The Southern Environmental Law Center also says the power plant “is able to emit more than 5,300 tons of nitrogen oxides each year,” and it adds that the site is able to pump 433 tons of fine particulate matter and 47 tons of formaldehyde each year into nearby communities in Memphis and North Mississippi.

The DOJ’s argument is that stopping xAI’s turbines would “directly threaten ongoing national security interests,” and it points to Grok Gov Model support for Department of War missions, including strikes in Iran during Operation Epic Fury.

As the case proceeds, the NAACP continues to pursue its Clean Air Act citizen-suit effort, while the DOJ seeks dismissal and intervention, and the dispute extends across the Tennessee-Mississippi border to Memphis-area Colossus 2 operations in the Whitehaven neighborhood.