The NAACP announced Tuesday that it intends to bring a lawsuit under the Clean Air Act against Elon Musk’s startup xAI, which launched a supercomputer project in Memphis, Tennessee, last year. The company’s use of gas turbines to power the supercomputer, Colossus, runs afoul of environmental regulations and is worsening pollution in the area, the Southern Environmental Law Center, which represents the NAACP, wrote in a letter to xAI.
The turbines emit nitrogen oxides, a key contributor to smog, and formaldehyde, among other pollutants, according to their manufacturer.
Last month, the NAACP called for an emergency order to shut down the supercomputer until a permit is obtained. Tuesday’s announcement was a further escalation, with the organization notifying the company, as required by law, of its intent to sue unless the company addresses the alleged violations.
“We cannot afford to normalize this kind of environmental injustice — where billion-dollar companies set up polluting operations in Black neighborhoods without any permits and think they’ll get away with it because the people don’t have the power to fight back,” NAACP President and CEO Derrick Johnson said in a statement. “We will not allow xAI to get away with this.”
The Southern Environmental Law Center argues that xAI was required to have a permit before bringing the turbines onsite.
But the county health department, the mayor and the Chamber of Commerce have said permits aren’t required for the turbines’ first year of use.
In a statement Tuesday, xAI said it’s following the law.
“We take our commitment to the community and environment seriously,” an xAI spokesperson said in a statement. “The temporary power generation units are operating in compliance with applicable laws.”
Colossus came online in September 2024. The data center, housed in a former home appliance factory, is responsible for training X’s Grok chatbot.
Although economic leaders and local officials have praised xAI’s decision to locate in Memphis for its revenue-generating potential, residents of a nearby historically underserved Black neighborhood called Boxtown are skeptical of the venture.
In recent months they have mobilized against xAI, which is now seeking a permanent permit for a total of 15 turbines for Colossus.
The Shelby County Health Department, which said in May that it expected the permit review process to take 60 days, said “it would not be commenting on any potential or pending litigation.”
State Rep. Justin J. Pearson, whose district includes Boxtown, likened the current battle to the biblical story of David and the Goliath.
“We’re Davids in this fight,” he said. “It’s alright to be David because we know how the story ends.”
Memphis Mayor Paul Young has defended the project, recently writing in The Commercial Appeal that it’s estimated to bring $12 million in tax revenue to the city in its first year. He also said that a newly introduced ordinance would direct one-fourth of that revenue to communities within 5 miles of the facility.
In its permit application, xAI provided manufacturer information about the pollutants the turbines emit. Representatives for xAI have previously said the company would remove some turbines and equip the remaining ones with technology to lower their emissions.
Advocates say South Memphis was already dealing with industrial pollution, long before xAI’s arrival. The letter sent Tuesday references the city’s ozone levels and Shelby County’s high rates of asthma-related emergency room visits.
Because the federal lawsuit would be brought under the Clean Air Act, the NAACP was required to provide a 60-day notice.
“Memphis deserves honesty,” said Patrick Anderson, senior attorney with the Southern Environmental Law Center. “Memphis deserves transparency and, most of all, Memphis deserves clean air.”
