The 40-page filing claims that xAI is violating the federal Clean Air Act by operating more than a dozen portable methane gas generators at its Southaven, Mississippi, datacenter without the necessary permits. According to the NAACP, these generators are disproportionately impacting Black communities in the area by emitting hazardous pollutants.
This follows a prior notice of intent to sue filed last June regarding xAI’s Memphis, Tennessee, datacenter. That case did not progress to litigation after xAI secured permits for its generators. Under the Clean Air Act, parties seeking to bring a lawsuit must first provide a 60-day notice of intent.
“As we shared when xAI began its operation in Tennessee, this illegal pollution only exacerbates complications to frontline communities who continue to bear the brunt of environmental injustice,” said Abre’ Conner, the NAACP’s director of environmental and climate justice. “We cannot allow for companies to promise a better future while pumping harmful chemicals into the air we breathe.”
xAI opened its first datacenter in Memphis in the summer of 2024. Known as “Colossus,” the facility is roughly the size of 13 football fields. A second and even larger datacenter, “Colossus 2,” was later built in Southaven, and construction began last month on a third facility in the same city, which lies just across the Mississippi-Tennessee state line within the Memphis metropolitan area.
Residents near Colossus 2 have raised concerns about noise, air quality, and environmental safety. Community members have circulated petitions calling for regulatory oversight and accountability.
The NAACP’s current legal action specifically targets xAI’s use of unpermitted turbines. The group alleges that 27 portable generators are operating at the Southaven site, with more than a dozen confirmed in use since last fall. A Guardian investigation released Friday supports these claims, using thermal imagery to show that at least 18 of the turbines have been active since November.
These generators emit fine particulate matter containing toxic chemicals such as formaldehyde and nitrogen oxide, which are linked to respiratory illness, asthma, and certain cancers. The NAACP warns that the 27 turbines could produce a “staggering amount” of nitrogen oxides, potentially making Colossus 2 the largest industrial source of the chemical in the Memphis metropolitan area.
Mississippi regulators argue that the turbines do not require permits because they are considered portable and temporary, a rationale previously applied in Tennessee. However, the Environmental Protection Agency asserts that such emissions still fall under the Clean Air Act’s permitting requirements.
“xAI has once again built a polluting power plant without any permits and without any notice to nearby communities,” said Patrick Anderson, senior attorney at the Southern Environmental Law Center, which is collaborating with Earthjustice on the case. “There are no loopholes or exceptions – xAI is breaking the law while leaving local communities to deal with the consequences.”
If the lawsuit moves forward, the NAACP is seeking injunctive relief, civil penalties, and reimbursement for legal costs. xAI did not respond to requests for comment.