Gas turbines at xAI’s power plant in Southaven, Mississippi, which supplies its Colossus 2 data centre in Memphis, Tennessee.

Credit: Brad Zweerink / Earthjustice

A federal judge in Mississippi has refused to throw out the NAACP’s Clean Air Act lawsuit against xAI. The case is over the gas turbines that power its Colossus 2 data centre. Judge Debra M. Brown ruled on Friday that the turbines are not exempt from air permits as “mobile sources”.

She also rejected xAI’s argument that lawsuits brought by citizen groups under the Clean Air Act are unconstitutional. Earthjustice represents the NAACP with the Southern Environmental Law Center. It published the court’s opinion and a statement on the ruling. xAI is now part of SpaceX.

“Because citizen suit plaintiffs sue on their own behalf, in their own name, and seek penalties that redress harm to themselves, they are not exercising the federal government’s executive power.” Judge Debra M.…