The Department of Justice intervened Monday in a lawsuit against Elon Musk's xAI, arguing that the company's gas turbine operations at its Colossus 2 data center in Southaven, Mississippi, are integral to U.S. military operations and cannot be disrupted.
The NAACP sued in April, alleging xAI violated the Clean Air Act by operating unpermitted natural gas turbines that endanger public health in a region already burdened by high pollution. The agency requested that the court dismiss the suit, filed alongside xAI and the state of Mississippi.
In its memorandum, the DOJ claimed that attempts to halt xAI's turbine operations "threaten 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."
According to DOJ filings, only four AI models—including Grok—support classified military networks at the Secret and Top-Secret level. Cameron Stanley, chief digital and artificial intelligence officer at the Department of Defense, filed a separate declaration stating that the military relies on Grok's Gov model to "support vital national security missions," including "recent strikes against Iran." Stanley argued that forcing xAI to stop running the turbines would "directly threaten ongoing national security interests."
The NAACP alleges that xAI's continued turbine operation without permits "increases risks of asthma attacks and heart disease" in Southaven and surrounding communities. The Memphis region, where xAI's first data center is located, has some of the highest asthma rates in the country.
The dispute has escalated since the lawsuit was filed. The original NAACP filing identified 27 turbines operating without permits at Colossus 2. Emails between xAI and state regulators, obtained by the Southern Environmental Law Center (a partner in the lawsuit), show that by mid-May, the number had grown to 57—an increase that occurred weeks after the lawsuit was filed.
That expansion has compounded the emissions burden: the SELC calculated a 111 percent increase in nitrogen oxide emissions, an 83 percent increase in PM2.5 emissions, and an 88 percent increase in formaldehyde emissions since April.
Tennessee and Mississippi regulators have claimed xAI has up to one year to operate the turbines without clean air permits—a position the NAACP disputes on the grounds that it contradicts EPA regulations. The case now hinges on whether the court will dismiss the suit based on national security grounds or allow the Clean Air Act violations to be litigated.