Highlights
- xAI faces Clean Air Act violations for operating generators without permits at Southaven, Mississippi facility.
- Pollutants including formaldehyde and nitrogen oxide linked to asthma, respiratory illness and certain cancers.
- NAACP previously filed similar lawsuit over xAI's Memphis Tennessee datacentre last June.
The 40-page notice of intent to sue, filed on Friday, alleges xAI is violating the Clean Air Act and polluting Black communities near its Southaven, Mississippi facility through more than 27 portable methane gas generators operating without permits.
The NAACP's first notice of intent to sue was filed last June regarding similar allegations at xAI's datacenter in Memphis, Tennessee. That case did not progress to a lawsuit after xAI obtained permits for its Memphis generators.
Communities bear brunt
Abre' Conner, NAACP director of environmental and climate justice, told The Guardian "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.
We cannot allow for companies to promise a better future while pumping harmful chemicals into the air we breathe."
xAI established its first datacentre, named Colossus, in Memphis in summer 2024. Roughly the size of 13 football fields, the facility was followed by an even larger Colossus 2 in Southaven. Construction of a third xAI datacentre in Southaven began last month.
Community members have complained about noise and pollution from Colossus 2, circulating a petition demanding accountability from Mississippi regulators.
A Guardian investigation using thermal imagery confirmed 18 of the 27 turbines have been operational since November.
Legal dispute continues
The gas generators emit fine particulate matter containing hazardous chemicals including formaldehyde and nitrogen oxide, linked to increased rates of asthma, respiratory illness and certain cancers.
The NAACP claims xAI's 27 Southaven turbines could make the facility the largest industrial source of nitrogen oxides in the entire metropolitan area.
Mississippi state regulators argue the portable turbines fall under a loophole not requiring permits, similar to Tennessee's initial position. However, the Environmental Protection Agency maintains such pollution sources require Clean Air Act permits.
Patrick Anderson, senior attorney with the Southern Environmental Law Center representing the NAACP alongside Earthjustice, told The Guardian "xAI has once again built a polluting power plant without any permits and without any notice to nearby communities.
There are no loopholes or exceptions – xAI is breaking the law while leaving local communities to deal with the consequences."
The NAACP is seeking injunctive relief, civil penalties and legal costs. xAI did not respond to requests for comment.
