Groups sue xAI over unpermitted turbines
Key Points
- Legal Action: The NAACP and environmental groups filed a notice of intent to sue xAI over unpermitted gas turbines in Southaven.
- Environmental Impact: The 27 methane-fueled turbines reportedly lack Clean Air Act permits and emit significant levels of nitrogen oxides.
- Data Center Growth: The turbines power the Colossus 2 data center, part of a massive 2 gigawatt AI expansion in the region.
SOUTHAVEN, Miss. — Civil rights and environmental advocacy groups issued a formal 60-day notice of intent to sue Elon Musk’s artificial intelligence firm, xAI, on Friday. The groups allege the company is operating an “illegal de facto power plant” to fuel its massive data center operations in Southaven.
The Southern Environmental Law Center and Earthjustice, representing the Mississippi State Conference of the NAACP and the national NAACP, claim xAI is violating the Clean Air Act. According to the notice, the company installed and began operating 27 gas-fired turbines at its Colossus 2 facility without obtaining the required air quality permits.
A “Copy and Paste” Strategy
The legal challenge follows a similar dispute in Memphis, Tennessee, where xAI reportedly used up to 35 unpermitted turbines for its first data center. While the company eventually permitted or removed those units following legal pressure, advocates say xAI has simply moved the same unlawful strategy across state lines.
“Our communities are not playgrounds for corporations who are chasing profit over people,” said Abre’ Conner, Director of Environmental and Climate Justice at the NAACP. “This illegal pollution only exacerbates complications to frontline communities who continue to bear the brunt of environmental injustice.”
Environmental and Health Risks
The turbines in Southaven are capable of generating 495 megawatts of power—comparable to a traditional utility-scale power plant. Environmentalists warn that these units emit hazardous chemicals, including formaldehyde and nitrogen oxides, which contribute to smog and respiratory illnesses.
The facility is currently positioned to become the largest industrial source of nitrogen oxides in the 11-county Memphis metropolitan area. This region already faces significant air quality challenges, with DeSoto County recently receiving an failing grade for ozone pollution from the American Lung Association.
Rapid Expansion Amid Scrutiny
The legal threat comes as xAI aggressively expands its footprint in Mississippi. In January 2026, the company announced a record-shattering $20 billion investment in Southaven, aiming to increase its total computing power to 2 gigawatts.
While xAI recently applied for permits for an additional 41 permanent turbines, the groups allege the 27 units currently in operation remain unpermitted and in direct violation of federal law.
“xAI is breaking the law while leaving local communities to deal with the consequences,” said SELC Senior Attorney Patrick Anderson. “We plan to take them to court.”
Under the Clean Air Act, the 60-day notice is a mandatory prerequisite before a formal lawsuit can be filed in federal court. xAI has not yet released a formal response to the notice.
