NAACP Threatens to Sue xAI Over Unpermitted Gas Turbines

The NAACP, represented by the Southern Environmental Law Center and Earthjustice, issued a notice of intent to sue xAI for violating the Clean Air Act. The legal action alleges that xAI installed and operated 27 unpermitted methane gas turbines to power its Colossus 2 data center in Southaven, Mississippi. These turbines reportedly emit formaldehyde, fine particulate matter, and nitrogen oxides, which advocacy groups link to cancer and respiratory diseases. The notice was also sent to Mississippi Governor Tate Reeves and EPA Administrator Lee Zeldin.

This challenge follows a similar dispute over xAI's first facility, Colossus 1, in Memphis, Tennessee, where the company allegedly used up to 35 unpermitted turbines before eventually obtaining the required permits. In the current Mississippi case, state regulators have argued that portable turbines fall under a permit loophole, though the U.S. Environmental Protection Agency maintains that such sources require permits. The NAACP is seeking injunctive relief, civil penalties, and legal costs.

In response, xAI stated that its turbines operate in compliance with all applicable laws. Meanwhile, the Mississippi Department of Environmental Quality has scheduled a public hearing to determine whether to approve permanent permits for 41 turbines requested by the company. xAI is also planning another data center in Southaven, though it has not disclosed the power source for that facility.