DOJ backs xAI's unpermitted turbines citing national security

The Department of Justice has entered a lawsuit filed by the NAACP against Elon Musk’s xAI, arguing that the company’s unpermitted natural gas turbines at the Colossus 2 data center in Southaven, Mississippi, are essential for national security. In a court filing Monday, the DOJ, joined by xAI and the state of Mississippi, moved to dismiss the suit, claiming that halting the turbines would “threaten American national, economic, and energy security” because they power AI systems supporting military operations. A declaration from the Department of Defense’s chief digital and AI officer, Cameron Stanley, revealed that xAI’s Grok model—one of only four AI models approved for secret and top-secret networks—was used in recent strikes against Iran. The NAACP originally filed the lawsuit in April under the Clean Air Act, alleging 27 unpermitted turbines were endangering public health in a pollution-burdened community.

Emails obtained by the Southern Environmental Law Center show that by mid-May, the number of turbines had grown to 57—most added after the lawsuit was filed. This expansion caused a 111% increase in nitrogen oxide, an 83% increase in PM2.5, and an 88% increase in formaldehyde emissions. Tennessee and Mississippi state agencies have claimed xAI can operate the turbines for a year without Clean Air Act permits, a stance the NAACP argues contradicts EPA regulations. The DOJ’s intervention highlights the growing tension between environmental regulations and the energy demands of AI infrastructure, especially when linked to national security priorities.