Judge allows NAACP lawsuit over xAI data center pollution to move forward – TechCrunch
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A federal judge denied a motion by xAI seeking to dismiss an NAACP lawsuit accusing the SpaceX-owned company of failing to obtain permits needed to operate the gas turbines powering its Colossus data center outside Memphis.
Suing on behalf of the NAACP, the Southern Environmental Law Center said the AI company had “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.” It also accused xAI of violating the Clean Air Act.
xAI sought to have the lawsuit dismissed, claiming that the turbines are exempt from permitting requirements because they’re mobile. The company also argued that the plaintiffs did not have the standing to sue.
“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,” Judge Debra M. Brown wrote in her decision.
Focusing on xAI’s claim that these kinds of citizen lawsuits are unconstitutional, Judge Brown wrote, “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 reached out to SpaceX for comment.
In a statement, the NAACP’s director of environmental and climate justice Abre’ Connor described this as “another important victory in our effort to hold xAI accountable.” (A similar motion to dismiss from the Department of Justice was denied earlier this month)
“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,” Connor said. “Our position has been clear: xAI cannot operate gas turbines without the required permits.”
The NAACP lawsuit is moving forward as public opinion seems to have turned sharply against data centers, with New York recently passing a moratorium on new data centers and other state and local governments considering similar measures.
The backlash also prompted Amazon and Microsoft to promise to stop using NDAs in their dealings with government agencies, and it could be a significant factor in the imminent U.S. midterm elections.
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Anthony Ha is TechCrunch’s weekend editor. Previously, he worked as a tech reporter at Adweek, a senior editor at VentureBeat, a local government reporter at the Hollister Free Lance, and vice president of content at a VC firm. He lives in New York City.
You can contact or verify outreach from Anthony by emailing [email protected].
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A federal judge denied a motion by xAI seeking to dismiss an NAACP lawsuit accusing the SpaceX-owned company of failing to obtain permits needed to operate the gas turbines powering its Colossus data center outside Memphis.
Suing on behalf of the NAACP, the Southern Environmental Law Center said the AI company had “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.” It also accused xAI of violating the Clean Air Act.
xAI sought to have the lawsuit dismissed, claiming that the turbines are exempt from permitting requirements because they’re mobile. The company also argued that the plaintiffs did not have the standing to sue.
“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,” Judge Debra M. Brown wrote in her decision.
Focusing on xAI’s claim that these kinds of citizen lawsuits are unconstitutional, Judge Brown wrote, “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 reached out to SpaceX for comment.
In a statement, the NAACP’s director of environmental and climate justice Abre’ Connor described this as “another important victory in our effort to hold xAI accountable.” (A similar motion to dismiss from the Department of Justice was denied earlier this month)
“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,” Connor said. “Our position has been clear: xAI cannot operate gas turbines without the required permits.”
The NAACP lawsuit is moving forward as public opinion seems to have turned sharply against data centers, with New York recently passing a moratorium on new data centers and other state and local governments considering similar measures.
The backlash also prompted Amazon and Microsoft to promise to stop using NDAs in their dealings with government agencies, and it could be a significant factor in the imminent U.S. midterm elections.
Topics
When you purchase through links in our articles, we may earn a small commission. This doesn’t affect our editorial independence.
Anthony Ha is TechCrunch’s weekend editor. Previously, he worked as a tech reporter at Adweek, a senior editor at VentureBeat, a local government reporter at the Hollister Free Lance, and vice president of content at a VC firm. He lives in New York City.
You can contact or verify outreach from Anthony by emailing [email protected].
Buy One Pass, Get a Second Free
Cover more ground at TechCrunch’s ultimate founder bootcamp of the year by bringing your co-founder or partner for free
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Anthropic expected to receive high ‘junk’ rating from credit agencies following IPO, FT report says
As search traffic dries up, Reddit announces it’s shifting to a logged-in experience
AI execs may be too out of touch to build for the general public
VCs will make billions on Anthropic’s IPO, but Amazon is set to make much (much) more
Billionaire Palmer Luckey isn’t leaving California over the wealth tax
Microsoft offers buyouts to around 60,000 employees
Grok releases the first seven minutes of its AI-generated ‘Odyssey’
© 2026 TechCrunch Media LLC.
source
This article was autogenerated from a news feed from CDO TIMES selected high quality news and research sources. There was no editorial review conducted beyond that by CDO TIMES staff. Need help with any of the topics in our articles? Schedule your free CDO TIMES Tech Navigator call today to stay ahead of the curve and gain insider advantages to propel your business!
