Unpermitted gas turbines: judge allows naacp lawsuit over xAI data center pollution to move forward, TechCrunch reports

Court rejects xAI dismissal bid

xAI had asked the court to throw out the NAACP lawsuit. The company argued that its turbines were mobile and therefore exempt from permitting rules, and that the plaintiffs had no standing to sue.

Judge Debra M. Brown ruled that the plaintiffs had standing under the Clean Air Act and that the turbines did not qualify as mobile sources under Mississippi’s State Implementation Plan. She also rejected constitutional challenges to the law’s citizen-suit provision, allowing the claims to proceed.

Allegations over turbine permits

The lawsuit also accuses xAI of violating the Clean Air Act. The data center is outside Memphis, and xAI is owned by SpaceX.

NAACP calls ruling a victory

Abre’ Connor, the NAACP’s director of environmental and climate justice, called the decision “another important victory” in the group’s effort to hold xAI accountable. Connor said courts had repeatedly rejected efforts by xAI and the Department of Justice to dismiss the case, affirming the NAACP’s right to pursue it. The article says a similar dismissal motion from the Justice Department was denied earlier this month.

Data centers face wider scrutiny

The lawsuit is advancing as opposition to data centers grows. New York recently passed a moratorium on new data centers, while other state and local governments are considering similar steps.

Public concern has also led Amazon and Microsoft to promise to stop using nondisclosure agreements in their dealings with government agencies. The article says the backlash could play a significant role in the imminent U.S. midterm elections.