Trump admin tries to block Clean Air Act lawsuit over xAI's gas turbines

“In the filing, the Department of Justice never disputes that xAI is pumping out unlawful and harmful pollution into Memphis and North Mississippi,” the SELC said today. “Instead, the Department argues that it doesn’t matter whether xAI is breaking the law and threatening community members’ health if the Trump administration blesses the lawlessness. While the Department points to vague national security concerns as its reason to let xAI continue to illegally pollute unabated, all companies, even ones that contract with the federal government, are required to follow the law.” A letter from Gov. Tate Reeves said that in March 2026, the Mississippi Department of Environmental Quality approved xAI permits to construct several permanent gas turbines. It also gave written authorization for xAI to use trailer-mounted gas turbines to temporarily power the facility until the permanent ones are built. The department “determined that such temporary gas turbines are ‘mobile sources’ not subject to the Clean Air Act’s permitting requirements,” the letter said. The case is in US District Court for the Northern District of Mississippi. The US told the court that “the Clean Air Act does not authorize citizen-enforcement actions that seek relief the governmental enforcers choose to forgo… Nothing in the statute suggests that Congress, when enacting the citizen-suit provision, deputized citizens to ‘commandeer the federal enforcement machinery,’ especially where the United States has determined that a citizen’s suit would not serve the public interest.” The SELC said today that the Trump administration’s argument against citizen suits could have far-reaching implications. Citizen lawsuits “serve as an essential backstop—and often a last resort—for communities when government regulators fail to hold polluters accountable,” the SELC said. “The provision was passed by Congress with bipartisan support, and courts have repeatedly upheld the constitutionality of citizen suits. Now, the Department of Justice is indicating that it has a right to come in and cancel such community-led suits at any time. This threatens to open the door to significant corruption as polluters pay, or give favors, to avoid complying with the law.” The gas turbines threaten the health of residents in an area with a large Black population, the NAACP said. “Without controls, the Colossus Gas Plant’s turbines can emit ten times the amount of nitrogen oxides pollution they should under the Act, contributing to increasing risks of heart disease, lung disease, and premature death in the surrounding neighborhoods where Black and other frontline communities live, including members of Plaintiffs NAACP and NAACP MS,” the NAACP said. The NAACP asked the court for a permanent injunction prohibiting continued operation of the gas turbines, civil penalties of up to $124,426 per day, and reimbursement of the plaintiff’s costs and attorneys’ fees. The NAACP’s June 12 filing said that all the turbines “required Clean Air Act permits prior to construction, best available control technology to limit pollution during operations, and emissions monitoring for pollution tracking and transparency. Defendants have not obtained a single air permit for these turbines or otherwise complied with the Clean Air Act requirements at any point from installation to now.” The US filing pointed to support from Mississippi state regulators. “The State of Mississippi has similarly determined that continued operation of xAI’s data centers and turbines serves the State’s interests,” the US wrote. “If the NAACP successfully shuts down xAI’s turbines through this civil enforcement action, the State explained, that ‘would create an immediate and substantial disruption to the State’s economy’ and ‘disrupt the Clean Air Act’s delicate balance of cooperative Federalism.’”