Elon Musk’s xAI Hit with Second Lawsuit Regarding Harmful Emissions from Data Center

Elon Musk’s artificial intelligence organization, xAI, is now contending with its second lawsuit centered around allegations of illegal emissions of toxic pollutants from its expansive datacenters. These facilities are vital to the operation of its notable supercomputers and the chatbot Grok.

The latest lawsuit, filed on Friday by the esteemed civil rights organization NAACP, claims that xAI is infringing upon the Clean Air Act. In a 40-page notice of intent to sue, the organization points to the pollution affecting Black communities close to its datacenter in Southaven, Mississippi. The group asserts that this pollution is a result of more than a dozen portable methane gas generators that xAI allegedly set up without the necessary permits.

In fact, the NAACP’s initial notice of intent to sue was submitted last June, addressing similar claims regarding xAI’s datacenter located in Memphis, Tennessee. Under the Clean Air Act, parties are required to issue a notice of intent to sue at least 60 days prior to formally filing the lawsuit. While the initial case in Memphis did not advance towards litigation, primarily due to xAI obtaining the necessary permits for its generators in that location, the recent allegations suggest ongoing issues.

“When xAI initiated operations in Tennessee, we highlighted that their illegal emissions would exacerbate existing challenges for frontline communities already impacted by environmental injustice,” stated Abre’ Conner, the NAACP’s director of environmental and climate justice. “It’s intolerable for businesses to advocate a brighter future for us while simultaneously releasing harmful pollutants into our atmosphere.”

xAI established its first datacenter, named “Colossus,” in Memphis during the summer of 2024. Encompassing an area comparable to approximately 13 football fields, this facility was quickly followed by the construction of an even larger facility called Colossus 2 in Southaven. Recently, efforts to construct a third datacenter in Southaven moved forward.

Residents in Southaven have raised concerns regarding both noise and pollution emanating from Colossus 2. Community advocates have even initiated a petition aimed at calling for accountability from state regulators in Mississippi.

The purpose of the NAACP’s lawsuit in Southaven is to address the use of unpermitted turbines by xAI. The group contends that the company has installed 27 generators without the proper permits at this facility. They have substantiated claims of more than a dozen turbines being operational since last fall.

In an investigation recently published by the Guardian, it was revealed that xAI has indeed moved 27 portable turbines to Colossus 2. Through the use of thermal imagery, the investigation found that 18 of these generators have been actively utilized since November.

Such gas generators are sources of fine particulate matter that releases hazardous substances like formaldehyde and nitrogen oxide. These pollutants have been linked to an increase in various health issues, including asthma, respiratory illnesses, and specific types of cancers. The NAACP asserts that xAI’s 27 turbines in Southaven could emit an “astounding amount” of nitrogen oxides, potentially positioning the facility as the largest industrial emitter of this chemical within the metropolitan area.

In contrast, Mississippi state regulators claim that the turbines fall under a loophole, thus not necessitating permits—an approach that mirrors how Tennessee initially responded to xAI’s generators. However, the Environmental Protection Agency firmly maintains that such sources of pollution should require necessary permits, in accordance with the Clean Air Act.

“xAI has, once again, constructed a power plant contributing to pollution without any permits or prior notice to surrounding communities,” remarked Patrick Anderson, a senior attorney with the Southern Environmental Law Center. This organization is collaborating with Earthjustice to support the NAACP. “There are no loopholes or exceptions—xAI is violating the law while leaving local communities to contend with the adverse effects.”

Should the notice of intent to sue advance to litigation, the NAACP has stated its intention to seek injunctive relief, civil penalties, and reimbursement for attorneys’ fees.

As of now, xAI has not provided a response to requests for comment.