The NAACP filed suit after discovering that SpaceXAI (the company formed by the merger of xAI and other Musk ventures) was operating gas turbines at its giant Colossus data center in Memphis without the required permits. The lawsuit seeks a court order requiring the company to install the best available pollution control technology on the turbines and pay penalties of up to $124,426 per day for each violation.
The civil rights group argued that without such remedies, the turbines risked sharply increasing pollution in nearby neighborhoods that are predominantly Black and already vulnerable to environmental harm.
In an effort to block the lawsuit, Trump sought to intervene on behalf of his administration. His legal team argued that the EPA has the authority to dismiss any Clean Air Act lawsuit whenever the president decides that enforcement would not serve the public interest. In this case, Trump claimed that allowing citizens to seek large civil penalties would harm AI firms racing to get data centers operational in support of his AI Action Plan.
The judge rejected that claim, ruling that the EPA does not have unchecked power to toss out private Clean Air Act lawsuits. The case will now proceed to litigation over the alleged pollution violations.
