Key facts
- The DOJ urged a judge to dismiss the NAACP's lawsuit against xAI over unpermitted gas turbines.
- The DOJ cited national security concerns, stating xAI's AI model Grok is critical for military operations.
- The NAACP alleges xAI's 27 gas turbines violate environmental laws and harm nearby communities.
- xAI claims its portable turbines are mobile sources exempt from permits.
- The Trump administration views AI infrastructure as vital for maintaining an edge over China.
The Department of Justice has intervened in a lawsuit, siding with Elon Musk's AI company xAI regarding the use of unpermitted natural gas turbines powering its Colossus 2 data center near Memphis. The NAACP, represented by the Southern Environmental Law Center, sued xAI, alleging that the company's use of these turbines violates federal law and has worsened air quality in an already polluted region.
In a filing this week, the Justice Department asked the court to dismiss the case, arguing that the operation of Grok, an AI model powered by xAI's data center, is a matter of paramount national security. The DOJ stated that Grok is 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." The department cited an instance where Grok enabled the U.S. to "deploy over 2,000 munitions to 2,000 distinct targets within 96 hours" during a conflict with Iran.
The NAACP's lawsuit alleged that xAI's plant emits large amounts of pollution linked to asthma, respiratory diseases, heart problems, and certain cancers, and that the surrounding communities have a disproportionately high Black population. xAI has argued that it rightly relied on Mississippi's determination that the portable turbines it uses are "mobile" sources of pollution, thus exempting it from needing a permit typically required for "stationary" pollution sources like power plants.
The Trump administration has frequently framed its support for AI data centers and their power infrastructure as a national security issue, crucial for maintaining an edge over China. This marks the first reported instance of federal agencies directly intervening on behalf of a specific data center project on national security grounds. The Southern Environmental Law Center previously revealed xAI's use of 35 gas turbines, capable of generating 422 megawatts, though local leaders suggested only 15 were operational.