Justice Department backs xAI in NAACP lawsuit over data center pollution

The agency argues that xAI’s operations are integral to US military operations.

The Department of Justice, along with the state of Mississippi, are asking the court to dismiss the lawsuit the NAACP filed against xAI in April. If you'll recall, the organization sued xAI for allegedly operating methane gas turbines to power its Colossus 2 data center in South Memphis without the proper permit. It later asked the court for an injunction to stop xAI from running the turbines, explaining that they increase "risks of asthma attacks and heart disease."  According to Wired , the Justice Department has submitted a filing to the court, siding with Elon Musk's company and arguing that its operations are integral to US military operations, including the Iran War.

In its lawsuit, the NAACP accused xAI of operating 27 gas turbines without permission. Gas turbines are known to emit pollution, hazardous chemicals and fine particulate matter. Those are already concerning due to the data center's proximity to people's homes, but they're even more concerning when you consider that Memphis is one of the asthma capitals of the United States. It ranked second in terms of asthma-related visits to the emergency room back in 2024, according to the Asthma and Allergy Foundation of America. It's worth noting that while the lawsuit was for 27 gas turbines only, the Southern Environmental Law Center (SELC) later obtained emails showing that xAI added even more turbines after the lawsuit was filed, bringing the total number to 57.

In its filing, the Justice Department reportedly wrote that stopping xAI from running its turbines to power Colossus 2 "threatens 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." It added that it only uses four AI models to support mission-critical operations across top-secret classified networks, with Grok being one of them. Cameron Stanley, the chief digital and AI officer at the Defense Department, also submitted a filing in support of xAI, detailing how Grok's Gov model supports "vital national security missions." He also said stopping the turbines from running the data center "directly threatens ongoing national security interests."