NAACP Asks Court for Emergency Action to Stop Illegal Air Pollution from xAI’s Data Center Power Plant

FOR IMMEDIATE RELEASE

May 6, 2026

Contact: Chyna Fields, [email protected]

SOUTHAVEN, Miss - Today, the NAACP filed a request for a preliminary injunction to stop unpermitted air pollution from an illegal power plant built by Elon Musk's company, xAI, and its subsidiary, MZX Tech. The unpermitted power plant, which is located in Southaven, Mississippi, powers xAI's Colossus 2 data center in Memphis.

This request follows the organization's Clean Air Act enforcement lawsuit filed last month. The NAACP is represented by the Southern Environmental Law Center and Earthjustice in the case.

In February, the NAACP notified xAI and its subsidiary that their personal power plant consisting of 27 gas-fired turbines violated the Clean Air Act and put the health of local communities at risk. But instead of fixing these problems and complying with federal law, the tech companies did the opposite: they brought six additional gas turbines on site, bringing the total number of turbines at the power plant to 33. These six new turbines - which on their own would be considered a major source of pollution under the Clean Air Act - are some of the largest turbines at this unpermitted facility and have the greatest potential for pollution.

The company's failure to get a permit for its power plant - which is located near homes, schools, and churches - creates added health risks for families in North Mississippi and Memphis. It's also a clear violation of the Clean Air Act, which requires major sources of pollution to obtain air permits, which include stringent pollution limits and require the use of pollution controls, before being constructed or operated.

"The urgency of ensuring that our communities' health and environment are protected is clear," said Abre' Conner, NAACP Director of Environmental and Climate Justice. "By expanding an unpermitted power plant despite decades of clear direction for permitting, xAI is showing a blatant disregard for the law. xAI was already violating the law then showed no remorse by adding six more turbines that further exacerbates the health risks facing families in North Mississippi and the Greater Memphis region. We will not stand by and idly watch as the Clean Air Act is ignored. We will continue to fight to ensure all polluters, including billionaires, understand that the law is not to be treated as a suggestion while local communities bear the consequences."

Toxic emissions from the facility threaten to do long-lasting harm to nearby communities. Pollution from gas turbines includes smog-forming nitrogen oxides, fine particulate matter, and hazardous chemicals like formaldehyde. These pollutants are tied to increases in asthma, respiratory diseases, heart problems, and certain cancers.

"We put these companies on notice that their toxic air pollution is both dangerous and illegal. Rather than stop, they've added more turbines capable of inflicting even more harm to the surrounding communities," says Laura Thoms, the director of enforcement for Earthjustice. "We're asking the judge to halt all unpermitted pollution and make sure xAI follows the law to protect people put at risk by their illegal operations."

"We've warned xAI for months that its operation of unpermitted gas turbines violates federal law. But instead of fixing these issues, xAI installed six more massive turbines to its personal power plant, increasing the amount of illegal pollution that it can pump into nearby communities," Ben Grillot, a senior attorney at the Southern Environmental Law Center, said. "We're asking the court to force xAI to immediately stop the use of these turbines in order to protect communities in North Mississippi and Memphis from the tech company's harmful pollution."

The 33 unpermitted gas turbines that make up xAI's power plant have the potential to emit a staggering amount of toxic air pollution each year:

• 2,507 tons of smog-forming nitrogen oxides (NOx). These emissions numbers likely make the facility the largest industrial source of NOx in the greater Memphis area, an area already failing to meet national smog standards. The American Lung Association recently gave both DeSoto County (Southaven, MS) and Shelby County (Memphis, TN) an "F" for ozone (smog) pollution.
• 236 tons of fine particulate matter, which causes premature death and is linked to cancer, asthma attacks, and hospitalizations and emergency room visits for severe heart and lung diseases.
• 837 tons of carbon monoxide.
• 25 tons of formaldehyde - a toxic, cancer-causing chemical. In January, the Environmental Protection Agency confirmed that large methane gas turbines - like the ones used at xAI's power plant - require construction and air permits.

NAACP's request for a preliminary injunction asks the court to take emergency action to immediately halt xAI's illegal and dangerous pollution in order to protect nearby communities that are facing imminent health harms.

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About NAACP

The NAACP advocates, agitates, and litigates for the civil rights due to Black America. Our legacy is built on the foundation of grassroots activism by the biggest civil rights pioneers of the 20th century and is sustained by 21st century activists. From classrooms and courtrooms to city halls and Congress, our network of members across the country works to secure the social and political power that will end race-based discrimination. That work is rooted in racial equity, civic engagement, and supportive policies and institutions for all marginalized people. We are committed to a world without racism where Black people enjoy equitable opportunities in thriving communities.

NOTE: The Legal Defense Fund - also referred to as the NAACP-LDF - was founded in 1940 as a part of the NAACP, but now operates as a completely separate entity.