DOJ Argues xAI’s Use of Unpermitted Gas Turbines Threatens US Security

The Department of Justice has taken a position supporting xAI in a legal dispute over the company’s use of dozens of unpermitted natural gas turbines located near its data centers in Memphis, according to Wired.

The Justice Department stated that a lawsuit filed by the NAACP in April, if successful, would jeopardize “American national, economic, and energy security by seeking to shut off the power supply for artificial-intelligence innovation that supports the Department of War’s military operations.”

A memorandum submitted by the Justice Department highlighted that Grok, one of four AI models, is integral to “mission-critical operations,” including recent military strikes in Iran.

The NAACP had indicated its intention to sue xAI last June, aiming to halt the company’s use of “mobile” gas turbines at its Colossus and Colossus 2 data centers. Despite these efforts, xAI has increased the number of turbines to 57.

xAI argues that because the turbines remain mounted on trailers, they qualify for a one-year exemption from Mississippi air pollution regulations. However, the Southern Environmental Law Center, representing the NAACP, asserts that federal law classifies trailer-mounted turbines as stationary and thus subject to regulation.

The NAACP has reported that the area, already among the most polluted in the United States, has experienced deteriorated air quality since the activation of xAI’s data centers.

Since last year, the turbine count at these centers has more than doubled, leading to increased emissions of three major pollutants: PM2.5, formaldehyde, and nitrogen oxides (NOx). These pollutants are associated with asthma, cardiovascular disease, and cancer risk, with PM2.5 linked to conditions such as stroke and Alzheimer’s disease.

Now a division of SpaceX, xAI is expected to acquire additional generators in the near future. According to SpaceX’s IPO filing, the company plans to purchase an additional $2.8 billion worth of gas turbines over the next three years to power its AI data centers, with at least $2 billion allocated for “mobile gas turbines.”