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NAACP, environmental group notify Elon Musk’s xAI company of intent to sue over facility pollution

FILE = The xAI data center is seen, May 7, 2025, in Memphis, Tenn. (AP Photo/George Walker IV, file)
FILE = The xAI data center is seen, May 7, 2025, in Memphis, Tenn. (AP Photo/George Walker IV, file) FILE = The xAI data center is seen, May 7, 2025, in Memphis, Tenn. (AP Photo/George Walker IV, file)

MEMPHIS, Tenn. (AP) — The NAACP and an environmental group said Tuesday that they intend to sue Elon Musk’s artificial intelligence company xAI over concerns about air pollution generated by a supercomputer facility located near predominantly Black communities in Memphis.

The xAI data center began operating last year, powered in part by pollution-emitting gas turbines, without first applying for a permit. Officials have said an exemption allowed them to operate for up to 364 days without a permit. But Southern Environmental Law Center attorney Patrick Anderson said at a news conference that there is no such exemption for turbines — and that regardless, it has now been more than 364 days.

A 60-day notice of an intent to sue, a prerequisite to filing a lawsuit under the Clean Air Act, was sent to xAI in a letter. The Southern Environmental Law Center is representing the NAACP in its possible legal challenge against xAI and its permit application, now being considered by the Shelby County Health Department.

The xAI company responds

The company said Tuesday that it takes its commitment to the community and environment seriously.