Trump administration attempts massive power grab in defense of Musk’s xAI

Trump administration attempts massive power grab in defense of Musk's xAI

DOJ wants to give itself veto power over citizen suits, a key legal tool used to protect communities from illegal pollution for over 50 years

Contacts

Earthjustice: Dustin Renaud, [email protected]

NAACP: Chyna Fields, [email protected]

SELC: Eric Hilt, [email protected]

Late yesterday, while intervening to support Elon Musk's company, xAI, in a Clean Air Act lawsuit the NAACP brought against the company, the U.S. Department of Justice argued that xAI should be allowed to break the law solely because the Trump administration says so. The claim is a blatant attempt to take power away from local communities, the courts, and Congress and consolidate it with the Trump administration.

"Trump's Justice Department wants to shield Elon Musk's data center company, xAI, from being held accountable for its illegal pollution-and it's attempting to grab power from impacted communities, the courts, and Congress to do so. There is no moral or legal precedent for this," says Laura Thoms, Director of Enforcement for Earthjustice. "This isn't about national security; it's a desperate attempt to protect wealthy tech companies from obeying the laws meant to protect people from pollution-turning our communities into sacrifice zones so companies can build and profit from data centers quicker."

The Department of Justice's claim comes after the NAACP filed a Clean Air Act citizen suit against xAI over its unlawful use of polluting gas turbines to power its Colossus 2 data center in Memphis. To meet the data center's massive power needs, xAI installed and is operating 59 unpermitted turbines at a nearby site in Southaven, Mississippi. xAI continues to run this power plant without a permit, a clear violation of the Clean Air Act. The NAACP is represented by the Southern Environmental Law Center and Earthjustice in the case.

"At a time when the ultra-rich seem to be protected and supported by some of our government entities, it is important that polluting industries don't get to benefit at the expense of the health of Black communities," said Abre' Conner, NAACP Director of Environmental and Climate Justice. "Laws like the Clean Air Act are a bedrock insurance policy for communities to hold polluters accountable for decisions that cause them harm. This should not be up for debate, and the NAACP will continue to stand up for democracy and against federal bullying and authoritarianism."

In the filing, the Department of Justice never disputes that xAI is pumping out unlawful and harmful pollution into Memphis and North Mississippi. Instead, the Department argues that it doesn't matter whether xAI is breaking the law and threatening community members' health if the Trump Administration blesses the lawlessness. While the Department points to vague national security concerns as its reason to let xAI continue to illegally pollute unabated, all companies, even ones that contract with the federal government, are required to follow the law.

"With this filing, the Trump administration is launching an unprecedented attack on the public's ability to defend themselves from illegal pollution. This is a blatant attempt to let well-connected corporations like xAI unlawfully pollute without any consequences, putting communities across the country at risk and threatening to open the door to large-scale pay-to-pollute corruption in the process," SELC Litigation Director Kym Myer said. "The Department of Justice's frivolous arguments fly in the face of decades of well-established legal precedent and we look forward to fighting them in court."

The attempted power grab by the Department of Justice has implications that go far beyond Memphis and North Mississippi. The Department is trying to dramatically undermine the longstanding right enshrined by Congress in federal law that allows impacted communities to file lawsuits-known as citizen suits-against polluters for violating the law. Citizen suits are an important part of the federal Clean Air Act, Clean Water Act, and other bedrock environmental laws. They serve as an essential backstop-and often a last resort-for communities when government regulators fail to hold polluters accountable. The provision was passed by Congress with bipartisan support, and courts have repeatedly upheld the constitutionality of citizen suits.

Now, the Department of Justice is indicating that it has a right to come in and cancel such community-led suits at any time. This threatens to open the door to significant corruption as polluters pay, or give favors, to avoid complying with the law.

xAI's massive power plant is able to emit more than 5,300 tons of nitrogen oxides (NOx) each year, making it one of the top emitters of the smog-forming pollutant in the country. It's also able to pump 433 tons of fine particulate matter and 47 tons of formaldehyde into nearby communities in Memphis and North Mississippi each year. These harmful pollutants are tied to increases in asthma, heart disease, respiratory illnesses, and cancer.

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