The Trump administration is trying to help Elon Musk’s xAI Corp. beat a Clean Air Act lawsuit filed by the National Association for the Advancement of Colored People (NAACP). The US said the NAACP lawsuit threatens an xAI data center that powers Grok systems needed by the military.
The NAACP sued xAI and subsidiary MZX Tech in April, alleging that they violated the Clean Air Act by operating 27 gas turbines without an air permit in Southaven, Mississippi. The number of unpermitted turbines rose to 57 by mid-May and there were plans to install two more, the NAACP said in a June 12 filing.
“Defendants’ Colossus Gas Plant powers xAI’s nearby Colossus 2 data center, which in turn powers the chatbot ‘Grok,’” the lawsuit said. The gas turbines have fueled both health concerns and noise complaints.
US Department of Justice lawyers urged a federal judge to dismiss the case in a filing yesterday. The Mississippi Department of Environmental Quality determined that the turbines don’t require permits, the US filing said.
The lawsuit “threaten[s] artificial-intelligence innovation, plus the energy needed to power it,” the US filing said. “The NAACP’s attempt to cut off the power that supports Grok also threatens national security because… Grok provides critical support for the Department of War’s military operations.” The US court filing said xAI’s Grok Gov Model aided targeted strikes in Iran during Operation Epic Fury.
Grok was used with Maven Smart System to help US forces “deploy over 2,000 munitions to 2,000 distinct targets within 96 hours during Operation Epic Fury, a testament to the greatly increased operational efficiency made possible by the Grok Gov Model,” according to a declaration by Cameron Stanley, chief digital and artificial intelligence officer for the Department of War. The Grok Gov Model has unique features not found in any other AI model, he wrote.
US helping xAI break the law, group says
The US is arguing “that xAI should be allowed to break the law solely because the Trump administration says so,” said the Southern Environmental Law Center (SELC), which represents the NAACP in the case.
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The NAACP sued xAI and subsidiary MZX Tech in April, alleging they violated the Clean Air Act by operating 27 gas turbines without an air permit in Southaven, Mississippi, a number that rose to 57 by mid-May, fueling health concerns and noise complaints.
DOJ lawyers urged a federal judge to dismiss the case, arguing the NAACP lawsuit threatens AI innovation and national security because xAI's Colossus Gas Plant powers the Colossus 2 data center running Grok, which the filing says provides critical support for the Department of War's military operations.
According to a declaration by the Department of War's chief digital and AI officer, the Grok Gov Model aided targeted strikes in Iran during Operation Epic Fury, helping deploy over 2,000 munitions to 2,000 distinct targets within 96 hours.
The Southern Environmental Law Center, representing the NAACP, said the US is arguing xAI should be allowed to break the law solely because the Trump administration says so. The Mississippi Department of Environmental Quality had determined the turbines do not require permits.
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