The Department of Justice (DoJ) has formally intervened in a lawsuit, supporting xAI against efforts to halt the operation of dozens of unpermitted natural gas turbines powering its data centers near Memphis. This development, reported by Wired, marks a significant turn in the legal challenge.
In its filing, the DoJ asserted that a victory for the NAACP, which initiated the lawsuit in April, would severely compromise "American national, economic, and energy security." The department argued that shutting down the power supply for artificial intelligence innovation, particularly that which underpins the Department of War’s military operations, would have detrimental consequences.
A memorandum submitted by the Justice Department further detailed that Grok, xAI’s advanced AI model, is one of four crucial AI systems that facilitate "mission-critical operations," citing recent military strikes in Iran as a prime example of its application.
The NAACP's concerns regarding xAI's use of "mobile" gas turbines at its Colossus and Colossus 2 data centers date back to June of last year, when it first signaled its intent to sue. Despite these early efforts to curb the practice, Elon Musk’s AI company has since expanded its operations, increasing the total number of turbines to 57.
xAI contends that because these turbines remain mounted on trailers, they are temporarily exempt from Mississippi's air pollution regulations for a period of one year. However, the Southern Environmental Law Center (SELC), representing the NAACP in the lawsuit, argues that this usage still contravenes federal law, which stipulates that trailer-mounted turbines can be classified as stationary and are thus subject to regulatory oversight.
The NAACP has voiced serious concerns, stating that the region, already recognized as one of the most polluted areas in the country, has experienced a marked deterioration in air quality since xAI's data centers commenced operations.
The expansion of the data centers has seen the number of turbines more than double since last year, leading to a corresponding surge in three primary air pollutants: PM2.5, formaldehyde, and oxides of nitrogen (NOx). These pollutants are strongly linked to various health issues, including asthma and cardiovascular disease. Furthermore, exposure to formaldehyde is known to elevate cancer risk, while PM2.5 has been associated with a broad spectrum of ailments, from stroke to Alzheimer’s disease.
Looking ahead, xAI, now operating as a division of SpaceX, is poised for further expansion. According to SpaceX’s IPO filing, the company plans to invest an additional $2.8 billion in gas turbines over the next three years to power its AI data centers. A significant portion of this investment, at least $2 billion, is specifically allocated for "mobile gas turbines."
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