The NAACP has asked a Mississippi federal court to take emergency action against artificial intelligence giant xAI, arguing that its use of unpermitted gas turbines along the Tennessee border poses an immediate threat to public safety.
On May 6, the organization filed for a preliminary injunction to stop Elon Musk’s company from operating the turbines at its energy plant in Southaven, Mississippi. The motion comes three weeks after the NAACP formally sued xAI over the unpermitted engines, alleging that their use violates the Clean Air Act and exposes nearby communities to dangerous amounts of pollution.
Earthjustice and the Southern Environmental Law Center are representing NAACP in the lawsuit, which was filed in federal district court for the Northern District of Mississippi. Attorneys say the injunction seeks to shield residents from further harm while the broader litigation plays out.
“This motion is asking the judge to take action, and specifically to enter an injunction ordering xAI to not operate the gas turbines until they get the proper permits,” SELC senior attorney Ben Grillot told the Mississippi Free Press on May 7. “These turbines don’t have the proper pollution controls. They’re causing harm, and they need to stop now.”
xAI’s methane gas turbines in Southaven power its Colossus 2 data center in neighboring
Memphis, which in turn powers Grok, the company’s controversial chatbot. Since last August, the Mississippi Department of Environmental Quality has allowed the company to use the machines without air permits, claiming state regulations provide up to one-year exemptions for turbines classified as “temporary-mobile” engines.
In February, the NAACP announced its intent to sue xAI for operating 27 unpermitted turbines at the Southaven plant, insisting that federal law mandates permits and pollution controls for the types of engines housed at the site. Since then, xAI has installed six more unpermitted turbines at the site, making it an even bigger source of hazardous emissions than before, the May 6 filing alleges.
“The fact that they added these six (turbines since February) is particularly egregious,” Grillot said, noting that the new machines are among the largest models used at the plant. “This is new information that we’re including in this preliminary injunction (request) because we were only able to confirm it recently.”
Methane gas turbines are major sources of noise and air pollution, releasing nitrogen oxides and particulate matter that contribute to respiratory and cardiovascular illnesses. Since xAI began using the machines in Southaven last summer, nearby residents have complained about the whirring of the engines and raised concerns about hazardous emissions.
The addition of six gas-fired turbines significantly raises the plant’s polluting capacity, the May 6 filing claims, bringing new contaminants to an area already suffering from poor air quality.
“(The) scale of what’s happening is tremendous, and it’s having a real impact on real people’s lives,” Grillot said. “Community members, particularly disadvantaged community members, are yet again being hit by really egregious amounts of pollution.”
The Mississippi Free Press reached out to xAI for comment but did not hear back by press time.
In Southaven, some residents expressed pessimism about the pending litigation’s prospects, noting that state authorities have repeatedly sided with xAI since the company began operating in Mississippi. On Feb. 17, hundreds of community members gathered in Southaven to oppose a proposed permit allowing the installation of 41 permanent turbines at the xAI plant. State regulators unanimously approved the permit three weeks later, and residents say the facility’s existing turbines have gotten louder since the March decision. xAI is also growing its footprint in the area, announcing plans in January to build a new data center just down the road from its energy plant.
“There’s a feeling that there isn’t any hope,” said Angie Davis, a longtime Southaven resident whose daughter, son-in-law and granddaughter live in the neighborhood next to the xAI plant. “The problem has not gone away. The problem has increased, and yet now people have given up, it seems like.”
SELC expects the district court to rule on the injunction in the next six weeks, Grillot said. xAI will have two weeks to respond to the NAACP’s motion, and the court may hold a hearing before making a decision.
