NAACP threatens to sue Elon Musk’s xAI for alleged violations of Memphis’ air pollution laws

The NAACP intends to sue Elon Musk’s xAI for air pollution in South Memphis caused by unpermitted gas turbines.

Elon Musk’s artificial intelligence business, xAI, has been the target of a formal notice of intent from the National Association for the Advancement of Colored People (NAACP) to sue the company for allegedly violating federal environmental regulations related to its data center activities in South Memphis, Tennessee.

xAI is accused of running methane gas turbines at its Memphis data center without obtaining the requisite permits or putting in place the “best available” pollution controls mandated by federal law, according to the notice, which was sent Tuesday on behalf of the NAACP via the Southern Environmental Law Center (SELC).

“The health of Memphis families is at risk due to the pollution that these turbines have pumped out,” stated Patrick Anderson, a senior attorney with SELC. “This notice opens the door for a lawsuit to hold xAI responsible for its illegal denial of gas turbine permits.”

As of April, xAI had erected 35 gas turbines at the location, almost all of which were running without authorization, according to the SELC. Three larger turbines have apparently been erected in place of the smaller units that the company had previously removed.

Artificial intelligence is powered by energy-intensive data centers that need constant electricity. Due to a lack of enough sustainable energy infrastructure, fossil fuels, such as natural gas derived from methane, are increasingly being used to meet the growing demand. Despite having a shorter atmospheric half-life than carbon dioxide, methane is thought to be a far more potent greenhouse gas.

Emissions from xAI’s plant put additional environmental strain on Memphis, a city already dealing with poor air quality, according to the SELC. When the group revealed in August 2023 that xAI had set up 20 gas turbines at the site, it initially expressed worries.

“We take our commitment to the community and environment seriously,” an xAI spokeswoman said in response to the notification. The temporary electricity generation units are functioning in accordance with all relevant legal requirements.

In places already burdened by long-standing environmental issues, the lawsuit has the potential to become a landmark case at the nexus of corporate accountability, AI infrastructure, and environmental justice if it is launched.