A federal judge has declined xAI’s request to dismiss a lawsuit filed by the NAACP, which accuses the SpaceX-owned firm of operating gas turbines for its Colossus data center near Memphis without the required permits.
Representing the NAACP, the Southern Environmental Law Center alleged that the AI company “installed and operated at least 35 combustion turbines and other sources of air pollution at the Colossus site without ever obtaining the necessary preconstruction or operating air permits.” The lawsuit also claims xAI violated the Clean Air Act.
xAI had sought to have the case dismissed, arguing that its turbines are exempt from permit requirements because they are considered mobile sources. The company also contended that the plaintiffs lacked the legal standing to file the lawsuit.
In her ruling, Judge Debra M. Brown stated, “Because the plaintiffs have statutory standing under the Clean Air Act, because the combustion turbines are not
‘mobile sources’ under Mississippi’s [State Implementation Plan], and because the citizen suit provision does not violate Article II of the Constitution or the private nondelegation doctrine, the plaintiffs’ claims will proceed.”
Addressing xAI’s argument that such citizen lawsuits are unconstitutional, Judge Brown noted, “Because citizen suit plaintiffs sue on their own behalf, in their own name, and seek penalties that redress harm to themselves, they are not exercising the federal government’s executive power.”
TechCrunch has attempted to contact SpaceX for a statement.
In a released statement, Abre’ Connor, the NAACP’s director of environmental and climate justice, characterized the decision as “another important victory in our effort to hold xAI accountable.” (It’s worth noting that a similar motion for dismissal from the Department of Justice was rejected earlier this month).
Connor added, “The courts have repeatedly
rejected attempts by xAI and the DOJ to dismiss the NAACP’s Clean Air Act case,
affirming our right to pursue justice for communities impacted by pollution. Our position has been clear: xAI cannot operate gas turbines without the required permits.”
The ongoing NAACP lawsuit comes as public sentiment appears to be turning sharply against large data centers. New York, for instance, recently imposed a moratorium on new data center construction, and other state and local governments are considering similar measures.
This growing opposition has also led Amazon and Microsoft to pledge to stop using NDAs in their interactions with government entities, and it could prove to be a significant factor in the upcoming U.S. midterm elections.