A federal judge rejected xAI's bid to dismiss an NAACP lawsuit concerning unpermitted gas turbines at its Memphis data center.
The ruling allows Clean Air Act claims regarding the facility's combustion turbines to proceed toward trial.
The organization, represented by an environmental law center, accuses xAI of installing and operating at least 35 turbines and other sources of pollution on the Colossus data center site without the necessary permits. According to the lawsuit, the company violated federal air protection laws by operating turbines with a total capacity of more than 400 megawatts.
The company's defensive line
xAI asked for the case to be dismissed, arguing that the turbines are exempt from licensing rules because they are mobile, while also claiming that the plaintiffs had no standing to appeal.
Judge Debra M. Brown rejected the company's arguments, ruling that citizens have a legal right to sue, that turbines are not mobile sources, and that the provisions are constitutional. Earlier this month, a similar request to dismiss the case by the Justice Department was also denied.
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Abre' Connor, director of environmental and climate justice for the NAACP, called the decision a significant victory.
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