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NAACP Moves to Sue xAI Over Memphis Data Center Pollution

The civil rights group gave Elon Musk’s AI startup a Clean Air Act notice after thermal imaging revealed dozens of unpermitted gas turbines near predominantly Black neighborhoods.

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An aerial view of the xAI Colossus data center in Memphis, Tennessee, shows some of the mobile gas-fired generators used to power the supercomputer. A lawsuit on behalf of the NAACP claims the turbines are polluting the nearby residents and that Elon Musk's company lacks air quality permits.
MEMPHIS, TN - APRIL 25: Gas turbines are visible at an xAI data center on Riverport Rd in Memphis, TN on April 25, 2025. (Photo by Brandon Dill for The Washington Post)
Rep. Justin J. Pearson, D-Tenn., seen here at an April rally in opposition to xAI's facility, joined the NAACP at a news conference Tuesday to announce its intent to sue.

Overview

  • On June 17, the NAACP, represented by the Southern Environmental Law Center, filed a 60-day notice of intent to sue xAI under the Clean Air Act.
  • Investigations found at least 35 methane turbines powering the Colossus facility without required preconstruction or operating air permits.
  • The turbines release nitrogen oxides, formaldehyde and other smog-forming pollutants that exacerbate Memphis’s poor air quality and heighten cancer risks in nearby Boxtown.
  • xAI maintains its temporary power units comply with all applicable laws and plans to install emissions-reducing technology on remaining turbines.
  • The Shelby County Health Department is now reviewing xAI’s permit application to legally operate up to 15 gas turbines at the data center.