US asks court to dismiss xAI pollution case over security concerns
The Justice Department says an NAACP lawsuit over turbines at xAI’s Mississippi data center could harm US military AI operations.
By Daniel Okafor · Business Editor
3 min read
The Trump administration is asking a federal court to throw out an environmental lawsuit against Elon Musk’s xAI, arguing that the case could interfere with US national security. The Justice Department says the challenge to power generation at a $20bn data center in Southaven, Mississippi, threatens artificial intelligence systems used by the military.
In a motion filed Monday in US District Court, the Justice Department sought dismissal of the NAACP’s lawsuit over natural gas turbines installed to supply electricity to the xAI facility. The NAACP filed the case in April, saying xAI operated dozens of turbines without required permits.
The civil rights group says the turbines expose residents in Mississippi and nearby Tennessee to pollutants associated with asthma, respiratory illness, heart problems and some cancers. The lawsuit also says Black residents make up a much larger share of the affected area than they do nationally.
The NAACP brought the case under a federal clean-air law that allows citizens to seek court orders and civil penalties against alleged polluters. Earthjustice is representing the NAACP in the lawsuit.
The Justice Department, in its filing, accused the NAACP of putting “national, economic, and energy security” at risk by trying to cut off power for AI work tied to military operations. The department also argued that the Constitution gives the executive branch authority over whether to pursue civil penalties, including the decision that enforcement would conflict with federal priorities.
Adam Gustafson, who leads the Justice Department’s environment and natural resources division, said the government would not allow private groups to use environmental laws in a way that undermines national security. xAI did not immediately respond to a request for comment, according to Al Jazeera.
Earthjustice criticized the administration’s intervention. Laura Thoms, the group’s enforcement director, said in a statement that the Justice Department was trying to protect xAI from accountability and take power away from affected communities, courts and Congress.
Abre’ Conner, the NAACP’s director of environmental and climate justice, said polluters should not gain at the expense of Black communities’ health. Conner said clean-air protections let communities hold companies responsible for harmful decisions, and said the NAACP would continue the case.
The legal fight comes as the Trump administration has built close ties with Musk, according to Al Jazeera. The administration tapped Musk for a temporary cost-cutting role and has used xAI’s Grok model as part of the Pentagon’s effort to become an “AI-enabled fighting force.”
Cameron Stanley, the Pentagon’s top AI official, submitted testimony supporting the Justice Department’s motion. Stanley said under oath that Grok was used to launch more than 2,000 munitions at 2,000 targets during the first 96 hours of the US-Israel war on Iran.
Stanley also said that if Grok cannot be deployed and upgraded because of limits on energy supply or reserve computing capacity, numerous Pentagon tools would be severely affected. The court has not yet ruled on the Justice Department’s request.
This story draws on original reporting from Al Jazeera.