DOJ argues xAI is vital for national security in NAACP lawsuit over Mississippi turbines

At a glance:

• The Department of Justice intervened to support Elon Musk's xAI in a lawsuit over unpermitted gas turbines at its Colossus 2 data center in Southaven, Mississippi.
• DOJ claims xAI's AI models, including Grok, are critical for military operations and that halting the turbines threatens national security.
• The NAACP alleges the turbines violate the Clean Air Act and increase pollution in communities already burdened by poor air quality.

DOJ frames xAI as essential to military operations

The Department of Justice made a rare intervention in an environmental lawsuit on Monday, siding with Elon Musk's artificial intelligence company xAI against the NAACP. In legal filings, the agency argued that the NAACP's attempts to stop xAI from running natural gas turbines at its Colossus 2 data center in Southaven, Mississippi, threaten 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 DOJ, along with xAI and the state of Mississippi, asked the court to dismiss the suit filed by the NAACP in April. According to the DOJ memorandum, there are only four artificial intelligence models, including Grok, that support mission-critical operations across Secret and Top-Secret classified networks. A separate declaration filed by Cameron Stanley, the chief digital and artificial intelligence officer at the Department of Defense, details how the military relies on Grok's Gov model to support vital national security missions, including using the model as part of recent strikes against Iran.

Environmental concerns and expanding turbine operations

The NAACP's lawsuit alleges that xAI is not following the Clean Air Act and is endangering public health by running unpermitted natural gas turbines at the Colossus 2 site. In May, the NAACP filed a request for a preliminary injunction to stop xAI from running the turbines, alleging that their continued use without a permit increases risks of asthma attacks and heart disease in communities with an already heavy pollution burden.

The original lawsuit identified 27 turbines operating without a permit at the Southaven site. However, emails between xAI and state regulators obtained by the Southern Environmental Law Center (SELC), a partner in the NAACP lawsuit, show that as of mid-May, there were 57 turbines operating without permits at the Colossus 2 site. Many of those turbines were added weeks after the NAACP filed its lawsuit. The growth of Colossus 2's turbines from 27 to 57 means the site has seen a 111 percent increase in nitrogen oxide emissions, an 83 percent increase in PM2.5 emissions, and an 88 percent increase in formaldehyde emissions since April, according to the SELC.

A pattern of unpermitted operations

xAI, which is part of SpaceX, drew national attention in 2024 when residents of southwest Memphis complained that the company had begun running unpermitted gas turbines at its first data center site. The Memphis region has some of the highest asthma rates in the country, and residents worried about additional pollution from the unpermitted turbines. State agencies in both Tennessee and Mississippi have claimed that the company has a year to run the turbines without clean air permits—a claim that the NAACP argues is not consistent with the Environmental Protection Agency's regulations.

xAI and the DOJ did not immediately respond to a request for comment. The case highlights the growing tension between the rapid expansion of AI infrastructure and environmental regulations, as well as the federal government's increasing reliance on private AI companies for national security operations.

What's at stake

The lawsuit represents a significant clash between environmental advocacy groups and the federal government's push to maintain and expand AI capabilities for defense purposes. If the court allows the preliminary injunction, it could set a precedent for halting AI operations based on environmental concerns. Conversely, a ruling in favor of xAI might embolden other AI companies to bypass environmental permitting processes in the name of national security.

The outcome could also influence how AI infrastructure projects are regulated in the future, particularly those involving energy generation near residential areas. The case is being closely watched by industry groups and environmental advocates alike, as it may determine the balance between technological advancement and public health protections.