xAI Faces New Lawsuit Threat Over Mississippi Data Center Emissions
Southaven, Mississippi – xAI, Elon Musk’s artificial intelligence company, is once again facing potential legal action, this time for operating unpermitted methane gas turbines at its Colossus 2 data center. The Southern Environmental Law Center (SELC) and Earthjustice, representing the Mississippi State Conference of the NAACP and the national NAACP, issued a notice of intent to sue on Friday, February 13, 2026, alleging violations of the Clean Air Act.
The Core of the Dispute: Unpermitted Turbines and Air Quality
The NAACP alleges that xAI installed 27 gas turbines to power Colossus 2, capable of generating 495 megawatts – equivalent to a conventional power plant – without securing the necessary permits. These turbines emit pollutants linked to respiratory problems, heart issues, and cancer, including smog-forming pollution, fine particulate matter, and formaldehyde.
According to the notice, xAI’s actions risk worsening air quality in the Memphis area, already designated an ‘asthma capital’ by the Asthma and Allergy Foundation of America. Both Shelby County, Tennessee, and DeSoto County, Mississippi, received failing grades for ozone pollution from the American Lung Association.
A Pattern of Non-Compliance?
This isn’t the first time xAI’s practices have come under scrutiny. In June 2025, the SELC threatened similar legal action regarding unpermitted turbines at xAI’s Memphis facility, Colossus 1. Following that notice, xAI removed unpermitted turbines and obtained permits for 15 remaining turbines at that location. XAI officials had previously stated their intention to “copy and paste” the same turbine strategy for Colossus 2.
The Broader Implications: Data Centers and Environmental Justice
The dispute highlights a growing concern about the environmental impact of data centers, which require massive amounts of energy to operate. Whereas xAI’s use of natural gas turbines is the immediate issue, it raises questions about the sustainability of powering these facilities and the potential for disproportionate impacts on vulnerable communities.
Abre’ Conner, Director of Environmental and Climate Justice at the NAACP, emphasized that communities should not be “playgrounds for corporations” prioritizing profit over public health. The NAACP argues that xAI’s actions exacerbate existing environmental injustices faced by frontline communities.
What’s Next?
The notice of intent to sue initiates a 60-day period before a lawsuit can be filed under the Clean Air Act. SELC Senior Attorney Patrick Anderson stated that xAI is “breaking the law” and that the organizations “plan to grab them to court.” xAI is also planning a third data center in Southaven, Mississippi, but has not yet disclosed its power source.
Frequently Asked Questions
- What are gas turbines and why are they controversial?
- Gas turbines are engines that burn natural gas to generate electricity. They are controversial because they emit pollutants that can harm air quality and public health.
- What is the Clean Air Act?
- The Clean Air Act is a federal law that regulates air emissions from stationary and mobile sources. It requires permits for facilities that emit significant amounts of pollutants.
- What is the NAACP’s role in this issue?
- The NAACP advocates for environmental and climate justice, working to protect communities from pollution and ensure equitable access to a healthy environment.
- What is xAI’s response to these allegations?
- xAI has not publicly responded to the latest notice of intent to sue as of February 13, 2026.
Pro Tip: Staying informed about environmental regulations and corporate responsibility is crucial for advocating for healthier communities.
Do you have questions about data center sustainability or environmental justice? Share your thoughts in the comments below!
