The US Department of Justice has sided with Elon Musk's artificial intelligence company xAI in a legal dispute over the operation of natural gas turbines at a data center in Mississippi. According to a filing reviewed by Wired, the DOJ argued that efforts to halt the turbines threaten American national, economic, and energy security by disrupting power supply crucial for AI innovation supporting military operations.
Background of the Lawsuit
The DOJ intervened in a case filed earlier this year by the NAACP against xAI's data center operations in Southaven, Mississippi. Alongside xAI and the state of Mississippi, the Justice Department has asked the court to dismiss the lawsuit. The federal government considers xAI's AI models vital for military and national security operations, the filing states.
DOJ's Argument
The DOJ argued that restricting power generation at the Colossus 2 data center could affect AI systems used across classified government networks. A separate declaration by Cameron Stanley, chief digital and artificial intelligence officer at the Department of War, revealed that xAI's Grok Gov model supports vital national security missions and was used in recent US military operations involving Iran. Stanley claimed that forcing xAI to stop operating the turbines would directly threaten ongoing national security interests.
NAACP's Allegations
The NAACP filed the lawsuit in April, alleging that xAI violated the Clean Air Act by operating natural gas turbines without required permits at its Mississippi facility. The organization claims emissions from the turbines pose health risks, including increased chances of asthma attacks and heart disease. In May, the NAACP sought a preliminary injunction to halt turbine operations while the case proceeds.
Expansion of Turbines
According to the original lawsuit, xAI operated 27 turbines at the Southaven site without permits. However, emails obtained by the Southern Environmental Law Center, which supports the NAACP's case, indicate the number increased to 57 turbines by mid-May. The SELC said this expansion led to a 111% increase in nitrogen oxide emissions, an 83% increase in PM2.5 emissions, and an 88% increase in formaldehyde emissions compared to levels when the lawsuit was first filed.
Regulatory Disputes
State regulators in Tennessee and Mississippi have reportedly argued that xAI can operate the turbines for a limited period without clean-air permits. The NAACP disputes this interpretation, saying it contradicts Environmental Protection Agency regulations. The court has yet to rule on the DOJ's request to dismiss the lawsuit or the NAACP's request to halt turbine operations.
