NAACP sues Musk’s xAI for operating unpermitted gas turbines in Black communities

The NAACP has filed an intent to sue Elon Musk‘s artificial intelligence company xAI over air pollution concerns from its supercomputer facility in Memphis, Tennessee. The legal challenge targets the company’s use of gas turbines that operate near predominantly Black communities without proper permits, highlighting environmental justice issues in AI infrastructure development.

The big picture: xAI’s Memphis data center has been operating for over a year using gas turbines without the required air quality permits, potentially violating the Clean Air Act in communities already facing elevated pollution levels.

Key details: The facility began operations in 2024 powered by pollution-emitting gas turbines that were installed without community notice or oversight.

• Officials claimed an exemption allowed operation for up to 364 days without permits, but the Southern Environmental Law Center argues no such exemption exists for turbines.
• Environmental lawyers discovered 35 turbines at the site through aerial surveys, more than double the 15 turbines listed in xAI’s permit application.
• The permit application itself acknowledges that emissions from the site “will be an area source for hazardous air pollutants.”

Environmental impact: The facility is adding pollution burden to communities already facing significant health risks from industrial contamination.

• Residents near the xAI facility face cancer risks at four times the national average, according to the Southern Environmental Law Center.
• Memphis received an “F” grade for ozone pollution from the American Lung Association.
• The turbines emit nitrogen oxides, formaldehyde, smog, and carbon dioxide—pollutants that cause lung irritation and other health issues.

Community response: Local residents and activists are mobilizing against the facility, drawing parallels to previous environmental justice victories.

• The Shelby County Health Department has received 1,700 public comments about the permit application.
• State Rep. Justin J. Pearson called the fight “David and Goliath,” emphasizing that “clean air is a human right.”
• The nearby Boxtown community, founded by freed slaves in the 1860s, previously defeated an oil pipeline project in 2021.

xAI’s defense: The company argues it’s providing significant economic benefits while implementing emission reduction technology.

• xAI claims to be investing billions in the facility, paying millions in local taxes, and creating hundreds of jobs.
• The company is spending $35 million on a power substation and $80 million on a water recycling plant.
• Tax revenues from the data center are estimated to exceed $100 million by next year, according to company statements.

What’s next: The NAACP and Southern Environmental Law Center are pursuing multiple legal avenues to address the pollution concerns.

• The legal challenge targets both xAI and its permit application currently under review by the Shelby County Health Department.
• Environmental groups have also petitioned the Environmental Protection Agency regarding Clean Air Act violations.
• xAI appears to be planning expansion, having purchased a 1 million square-foot property at a second Memphis location.