Key facts
- The Trump administration is attempting to dismiss a Clean Air Act lawsuit filed by the NAACP against Elon Musk's xAI.
- The lawsuit alleges xAI operated 57 gas turbines without an air permit, powering its Grok AI systems.
- The Justice Department claims the lawsuit threatens national security by potentially disrupting power to Grok, which aids military operations.
- The NAACP argues the US is allowing xAI to break the law and that citizen suits are a crucial backstop when regulators fail.
- Mississippi regulators had previously authorized temporary turbines, deeming them mobile sources not requiring permits.
The Trump administration is intervening in a Clean Air Act lawsuit filed by the NAACP against Elon Musk's xAI, urging a federal judge to dismiss the case. The Justice Department argues that the NAACP's lawsuit threatens national security by potentially cutting power to xAI's Grok AI systems, which it claims are critical for military operations.
The NAACP sued xAI and its subsidiary MZX Tech in April, alleging they violated the Clean Air Act by operating 57 gas turbines without an air permit at their data center in Southaven, Mississippi. The lawsuit states these turbines power the 'Grok' chatbot and have caused health concerns and noise complaints.
The Justice Department's filing asserts that the NAACP's attempt to halt power to Grok also jeopardizes national security, citing Grok's role in targeted strikes during Operation Epic Fury, where it aided US forces in deploying over 2,000 munitions to 2,000 targets within 96 hours. Cameron Stanley, chief digital and artificial intelligence officer for the Department of War, declared that the Grok Gov Model possesses unique features essential for such operations.
Lawyers for the NAACP, represented by the Southern Environmental Law Center (SELC), argue that the US is attempting to allow xAI to break the law, stating the Department of Justice never disputes that xAI is polluting. The SELC contends that the government's argument against citizen suits could undermine their role as a backstop for communities when regulators fail to act.
Mississippi regulators had previously approved permits for permanent gas turbines and provided written authorization for temporary trailer-mounted turbines, determining these were 'mobile sources' not subject to Clean Air Act permitting requirements. The US filing argues that the Clean Air Act does not permit citizen-enforcement actions when the government has decided such suits do not serve the public interest.
The NAACP is seeking a permanent injunction to stop the operation of the gas turbines, civil penalties of up to $124,426 per day, and reimbursement for their legal costs.