In its filing, the Justice Department argued that decisions about enforcing the Clean Air Act belong to the federal government. It also said a ruling against xAI could harm “American national, economic, and energy security by seeking to shut off the power supply for artificial-intelligence innovation that supports the Department of War’s military operations.”
The administration described Grok as one of a small number of AI models capable of supporting national security uses, including “mission-critical operations” across classified networks. The filing also said Grok helped the U.S. during the war with Iran by enabling it to “deploy over 2,000 munitions to 2,000 distinct targets within 96 hours.”
The NAACP’s complaint focuses on xAI’s use of gas turbines that it says should be treated as stationary pollution sources under federal law. The group argues that if xAI had gone through the Clean Air Act permitting process, the company may have been required to reduce emissions.
xAI has argued that it relied on Mississippi’s determination that its trailer-mounted turbines qualify as “mobile” sources of pollution, which the company says means they are not subject to the same permit requirements as stationary facilities such as power plants.
The Southern Environmental Law Center, which filed the case on behalf of the NAACP, says federal law can still treat trailer-mounted turbines as stationary sources depending on how they are used. The NAACP has said xAI’s operations have added to pollution in an already heavily burdened region.
According to the lawsuit, pollutants linked to the turbines include PM2.5, formaldehyde and oxides of nitrogen. The complaint says those pollutants are associated with health risks including asthma, cardiovascular disease, respiratory illness and cancer.
The case comes as xAI expands the power infrastructure behind its AI data centers. The NAACP began signaling its intent to sue last June, and the number of turbines at the facilities has since grown to 57, according to the added context. The company, now described as a division of SpaceX, is also expected to purchase more gas turbines in the coming years, including mobile units for AI data centers.
The dispute reflects a growing tension around AI infrastructure: the rapid buildout of data centers and the energy systems needed to support them is drawing greater scrutiny from communities, environmental groups and regulators.
This analysis is based on reporting from The Hill.
Image courtesy of Steve Jones, Flight by Southwings for SELC.
This article was generated with AI assistance and reviewed for accuracy and quality.
