The Trump administration has stepped into a legal battle between Elon Musk's artificial intelligence company, xAI, and the NAACP, filing a motion Monday to dismiss a lawsuit that accuses the company of operating an unpermitted gas plant that pollutes a predominantly Black community in Memphis, Tennessee.
The Justice Department's filing argues that enforcing the Clean Air Act falls under federal jurisdiction and that xAI's Grok AI model is a matter of paramount national security. The government contends that Grok is one of only four AI systems capable of supporting national security operations and one of three that can handle mission-critical tasks on classified networks up to Top Secret level.
In a striking claim, the filing states that during the recent conflict with Iran, Grok enabled the U.S. military to deploy over 2,000 munitions to 2,000 distinct targets within 96 hours. This assertion underscores the administration's view that the AI chatbot's continued operation is essential for defense.
The NAACP filed its lawsuit in April, alleging that xAI's Colossus Gas Plant—a facility with 27 gas turbines powering the Colossus 2 data center that runs Grok—operated without the necessary air pollution permit. The civil rights organization argues that the plant emits pollutants linked to asthma, respiratory diseases, heart problems, and certain cancers, and that the surrounding communities are disproportionately Black.
The suit highlights a broader public backlash against data centers, which have drawn criticism for their environmental impact. The NAACP claims that if xAI had gone through the Clean Air Act permitting process, it might have been required to reduce emissions.
xAI has defended itself by arguing that it relied on a determination by the state of Mississippi that the portable turbines used at the plant are classified as mobile pollution sources, not stationary ones like typical power plants. This classification, the company says, exempted it from needing a standard permit.
The Justice Department's intervention is the latest example of the Trump administration wading into legal disputes involving Musk, a prominent ally. It also comes as the administration has been active on other fronts, such as pushing for progress on an Iran deal and navigating tensions with Israel.
The NAACP's case is set to proceed in federal court, with the Justice Department's motion now before the judge. Critics argue that the national security rationale could set a precedent for bypassing environmental regulations, while supporters say it protects critical AI infrastructure.
