NAACP Files Second Lawsuit Against Elon Musk's xAI Over Toxic Datacenter Emissions
The National Association for the Advancement of Colored People (NAACP) has initiated a second legal action against Elon Musk's artificial intelligence firm, xAI, accusing the company of unlawfully releasing toxic pollutants from its massive datacenters. This new pending lawsuit, filed on Friday, alleges violations of the Clean Air Act, specifically targeting xAI's operations in Southaven, Mississippi, where the company is said to be polluting predominantly Black neighborhoods.
Allegations of Environmental Injustice and Illegal Pollution
According to a 40-page notice of intent to sue, xAI has installed over a dozen portable methane gas generators at its Southaven facility without obtaining the necessary permits. These generators are reported to emit hazardous chemicals, including formaldehyde and nitrogen oxide, which are linked to increased risks of asthma, respiratory illnesses, and certain cancers. The NAACP asserts that this pollution disproportionately affects frontline communities, exacerbating long-standing environmental injustices.
Abre' Conner, the NAACP's director of environmental and climate justice, emphasized the severity of the issue, stating, "We cannot allow for companies to promise a better future while pumping harmful chemicals into the air we breathe." This lawsuit follows a similar notice filed in June 2024 regarding xAI's datacenter in Memphis, Tennessee, which did not progress to litigation after the company secured permits for its generators there.
Expansion of xAI's Datacenter Operations and Community Backlash
xAI established its first datacenter, named "Colossus," in Memphis during the summer of 2024. This facility spans approximately the size of 13 football fields. Subsequently, the company constructed a second, even larger datacenter, Colossus 2, in Southaven, Mississippi, with a third facility currently under development in the same area. Southaven is part of the Memphis metropolitan area but lies just across the state border in Mississippi.
Local residents in Southaven have voiced complaints about noise and pollution emanating from Colossus 2, circulating a petition to hold Mississippi regulators accountable. The NAACP's lawsuit aims to challenge xAI's use of unpermitted turbines, alleging that 27 generators at the Southaven site lack proper authorization, with more than a dozen documented as operational since last fall.
Regulatory Loopholes and Legal Challenges
Mississippi state regulators argue that the portable and temporary nature of the turbines exempts them from permit requirements, a stance initially taken by Tennessee officials. However, the Environmental Protection Agency (EPA) maintains that such pollution sources must be permitted under the Clean Air Act. Patrick Anderson, a senior attorney with the Southern Environmental Law Center, which is collaborating with Earthjustice to represent the NAACP, criticized xAI's actions, saying, "xAI has once again built a polluting power plant without any permits and without any notice to nearby communities. There are no loopholes or exceptions – xAI is breaking the law while leaving local communities to deal with the consequences."
If the intent to sue notice leads to litigation, the NAACP is seeking injunctive relief, civil penalties, and coverage for attorneys' fees. xAI has not responded to requests for comment on these allegations.
