Samuel Hardiman writing, for The Daily Memphian reporting that the NAACP plans to sue xAI for alleged violations of the federal Clean Air Act:
The notice of intent provides the entity that could be sued with 60 days’ notice of the lawsuit, allowing it or the regulator (the Environmental Protection Agency or another government entity) to correct the actions outlined in the notice.
“By installing and operating 35 combustion turbines and other sources of air pollution, xAI has illegally constructed and continues to operate a major source without obtaining a preconstruction PSD permit. In addition to failing to obtain a PSD permit, xAI has operated and continues to operate these turbines without utilizing Best Available Control Technology, a distinct and ongoing violation of Section 165 of the Act,” the notice of intent to sue states.
The lawsuit is in conjunction with the Southern Environmental Law Center. In a press release, the group said:
“xAI’s decision to install and operate dozens of polluting gas turbines without any permits or public oversight is a clear violation of the Clean Air Act,” SELC Senior Attorney Patrick Anderson said. “Over the last year, these turbines have pumped out pollution that threatens the health of Memphis families. This notice paves the way for a lawsuit that can hold xAI accountable for its unlawful refusal to get permits for its gas turbines.”
xAI began operations at its South Memphis data center in June of 2024. To meet the facility’s massive power demands, the company began installing dozens of polluting methane gas turbines without any permits. Aerial images obtained by SELC revealed 35 turbines at the site in March, and follow-up thermal images obtained in April showed that nearly all of the turbines were emitting significant amounts of heat, indicating they were running. New satellite images show that, while the company has removed some smaller-sized turbines, it has recently installed three larger turbines.
The full notice can be read here. A lot of the disagreement hinges on how many turbines are in use. As recently as last week, Memphis Mayor Paul Young claimed the turbines in use are legal, saying that 21 are now in use.
There’s been a lot of noise about the xAI project. A lot of shouting. A lot of misinformation. What there hasn’t been enough of is truth.
Let’s be clear, this isn’t a debate between the environment and economics. It’s about putting people before politics. It’s about building something better for communities that have waited far too long for real investment.
On behalf of our city, I’m choosing Memphis. I’m choosing facts over fear, solutions over soundbites, and progress over performative outrage.
I’m all for choosing Memphis, but that means caring for all of our citizens, especially the most vulnerable. Young seems like a guy who understands that, which makes this all the more frustrating as a Memphian who voted for the guy.
He goes on:
Claim #1: xAI plans to install 45 to 90 turbines in Memphis
False. Their permit outlines 15 temporary-use turbines for their first facility. That’s it. There’s no plan, permit or proposal for anything more. The power solution for their second site hasn’t been determined.
He is not wrong that there is no permit for more turbines, but it’s clear that xAI and its partners plan more turbines in Memphis, as reported last month. Construction is already underway at the second site, and it’s clear that our utility company is not going to be ready in time.