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Judge throws out U.S. DOJ attempt to deny communities' day in court against Musk’s company, xAI
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Such citizen suits serve as an essential backstop — and often a last resort — for communities when government regulators fail to hold polluters accountable.
On Monday, the U.S. District Court for the Northern District of Mississippi denied the U.S. Department of Justice’s attempt to dismiss NAACP’s Clean Air Act lawsuit, which challenges the tech company’s continued operation of an illegal, unpermitted gas-fired power plant to support its Colossus 2 data center. The District Court ruled that the DOJ does not have the right to unilaterally block the case and rejected the department’s argument that xAI should be allowed to break the law solely because the Trump administration says so.
Trump EPA Can Join xAI Data Center Suit, Fails to Win Dismissal
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The United States was allowed to intervene in an air pollution case brought by the NAACP against xAI’s use of diesel generators to power its data center project, but it lost its bid to dismiss the case entirely.
“The Administrator of the EPA is entitled to intervene in Clean Air Act citizen suits but nothing in the Clean Air Act allows the Administrator to unilaterally dismiss a citizen suit upon intervention,” Judge Debra M. Brown of the US District Court for the Northern District of Mississippi said Monday.
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Judge allows lawsuit against SpaceXAI to continue
SOUTHAVEN, Miss. (WMC) – The U.S. District Court for the Northern District of Mississippi is allowing the NAACP’s lawsuit against SpaceXAI to continue.
The court dismissed a request from the United States Department of Justice to toss the lawsuit, which argues SpaceXAI is violating the Clean Air Act by operating dozens of methane gas turbines in Southaven, Mississippi, before an air permit was granted.
In March, the Mississippi Department of Environmental Quality granted an air permit for xAI’s 27 gas-powered turbines at the facility, which powers the Colossus 2 data center in South Memphis.
The lawsuit, filed in April, says that SpaceXAI violated the Clean Air Act by operating the turbines before the permit was granted.
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