The NAACP plans to sue Elon Musk’s xAI for alleged Clean Air Act violations related to gas turbine use at its Memphis facility. The lawsuit alleges xAI operated gas turbines without necessary permits, resulting in excessive emissions and lack of pollution control technology. Disagreements exist regarding the number of turbines operating and whether they qualify for exemptions under the Clean Air Act.
On June 17, the Southern Environmental Law Center filed a 60-day intent to sue notice on behalf of the NAACP, claiming xAI has committed violations of the Clean Air Act at the company’s 3231 Paul R. Lowry Road facility in Memphis. The lawsuit would be filed against X.AI Corp., CTC Property LLC, and CTC Holding LLC, affiliates of xAI.
“All too often, big corporations like xAI treat our communities and families like obstacles to be pushed aside,” NAACP President Derrick Johnson said. “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. We will not allow xAI to get away with this.”
In a statement, an xAI spokesperson said: “We take our commitment to the community and environment seriously.
The temporary power generation units are operating in compliance with all applicable laws.”
The Greater Memphis Chamber also provided a statement regarding the 60-day notice to sue: “The Greater Memphis Chamber will not comment on pending litigation. We remain focused on our core mission of driving economic development and business growth throughout the Greater Memphis region.”
In the lawsuit, the NAACP and Southern Environmental Law Center claim that xAI has not filed preconstruction or operating permits for the gas turbines, resulting in several violations of the Clean Air Act. These violations include constructing a major source of pollutants without obtaining a significant deterioration (PSD) permit.
Additionally, the lawsuit claims xAI has operated without using the best available control technology to reduce emissions. The lawsuit also includes an August 2024 email from Shelby County Assistant Attorney John Marek to SELC staff, stating that “there are no construction or operating applications” for turbines at xAI’s Paul R. Lowry Road facility.
As of June 15, the lawsuit claims there were 26 operating gas turbines at the Paul R.
naacp sues xAI over air pollution
Lowry Road facility, emitting 16 tons of hazardous air pollutants (HAP) and more than 1,000 tons of nitrogen oxides.
“xAI’s turbines are collectively one of the largest, or potentially the largest, industrial sources of nitrogen oxides (NOx) in Shelby County,” the lawsuit states. The Shelby County Health Department is currently reviewing the air permit application submitted by xAI for a synthetic minor source under state regulations and the Clean Air Act, in coordination with the U.S. Environmental Protection Agency’s (EPA) Region 4 office. The use of gas turbines at xAI has been a staunch subject of debate, including the number of turbines actually in use at the site.
In April, the Southern Environmental Law Center claimed that xAI was using 35 natural gas turbines at the Paul R. Lowry Road facility in violation of the Clean Air Act. Shelby County Health Department has said there is an existing statute that allows for the use of stationary gas turbines for up to 364 days before a permit is required.
The Southern Environmental Law Center, however, argues that the turbines in use at the xAI facility do not meet the exemption guidelines. In a statement, the Shelby County Health Department said it would not comment on potential or pending litigation, but it is working closely with the EPA Region 4 office since xAI arrived in Shelby County. According to the lawsuit, the NAACP and SELC claim that xAI began using 16 gas turbines at the site on June 12, 2024, and that in March, 35 gas turbines were at the xAI site, the highest total since operations began.
In response, Mayor Young wrote an op-ed claiming there are 21 turbines, operating legally, at the xAI site. Tensions around the xAI project have continued to escalate, with community leaders and stakeholders in Memphis concerned about both pollution and energy demands needed to power xAI’s supercomputer. Currently, xAI is operating Colossus 1 at its 3231 Paul R.
Lowry Road facility. The company is constructing Colossus 2 at its 5420 Tulane Road campus in Whitehaven. The application for permanent 24/7 turbine use at the Paul R.
Lowry Road site is still under review.
Deanna Ritchie is a managing editor at DevX. She has a degree in English Literature. She has written 2000+ articles on getting out of debt and mastering your finances. She has edited over 60,000 articles in her life. She has a passion for helping writers inspire others through their words. Deanna has also been an editor at Entrepreneur Magazine and ReadWrite.
