As previously reported, the NAACP and Southern Environmental Law Center have been planning to sue xAI over its use of gas-burning turbines to power its datacenter in Memphis. As Ashley Belanger writes at Ars Technica, the groups are appealing the new government-issued permit by which 15 of the turbines are operating:
In their appeal, the NAACP and other groups argued that the SCHD put xAI profits over Black people’s health, granting unlawful exemptions while turning a blind eye to xAI’s operations, which allegedly started in 2024 but were treated as brand new in 2025.
Significantly, the groups claimed that the health department “improperly ignored” the prior turbine activity and the additional turbines still believed to be on site, unlawfully deeming some of the turbines as “temporary” and designating xAI’s facility a new project with no prior emissions sources. Had xAI’s data center been categorized as a modification to an existing major source of pollutants, the appeal said, xAI would’ve faced stricter emissions controls and “robust ambient air quality impacts assessments.”
And perhaps more concerningly, the exemptions granted could allow xAI—or any other emerging major sources of pollutants in the area—to “install and operate any number of new polluting turbines at any time without any written approval from the Health Department, without any public notice or public participation, and without pollution controls,” the appeal said.