The NAACP on Tuesday initiated legal action against artificial intelligence company xAI and its subsidiary MZX Tech, alleging the firms operated 27 gas-fired turbines to supply power to the Colossus 2 data center in Southaven, Mississippi, without obtaining required permits under the federal Clean Air Act.
Represented by Earthjustice and the Southern Environmental Law Center, the NAACP contends that the operation of those turbines created a health risk for local residents. The Colossus 2 facility provides power to xAI’s Grok chatbot, according to the complaint.
Earthjustice provided emissions estimates for the Southaven power plant that were cited in the complaint. The group said the facility has the potential to emit more than 1,700 tons per year of nitrogen oxides (NOx), a key contributor to regional smog. In addition, the plant is estimated to emit 180 tons per year of fine particulate matter, 500 tons per year of carbon monoxide, and 19 tons per year of formaldehyde, which is classified as a carcinogen.
The lawsuit follows an earlier announcement in February in which the NAACP signaled its intent to sue; the Clean Air Act requires a 60-day notice period before filing such litigation. In February, Mississippi regulators held one public hearing on permits related to the turbines after providing only a few days of public notice for that session, and those permits were subsequently approved.
Community opposition has been noted to both the Southaven site and a sibling facility, Colossus 1, located just over the Tennessee border in Memphis. The data centers have drawn significant local concern for their potential effects on air and environmental quality.
xAI has invested more than $20 billion to construct the Southaven data center, with stated support from Mississippi Governor Tate Reeves. The NAACP, through Abre’ Conner, director of the Center for Environmental and Climate Justice, framed the suit as challenging a pattern of exposing Black and frontline communities to pollution tied to industrial operations.
"By looking to evade clean air laws to operate dirty turbines that emit pollution and known carcinogens, these companies are following a shameful, familiar pattern: asking Black and frontline communities to bear the toxic brunt of ‘innovation,'" said Abre’ Conner.
xAI was not immediately available for comment, according to the filing. The lawsuit alleges violations of the Clean Air Act based on the unpermitted operation of the 27 turbines at the Colossus 2 campus.
Regulatory and community context
- NAACP action is backed by environmental legal groups Earthjustice and the Southern Environmental Law Center.
- Permitting for the turbines drew criticism for limited public notice prior to a single regulatory hearing in February.
- Estimated emissions cited in the complaint include NOx, fine particulate matter, carbon monoxide and formaldehyde.