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US District Judge Debra M. Brown denied xAI's motion to dismiss on Saturday in the NAACP's suit over the gas turbines powering Colossus, its data center outside Memphis.
The Southern Environmental Law Center, suing for the NAACP, alleges xAI ran at least 35 combustion turbines and other pollution sources without air permits.
Brown rejected xAI's arguments that the turbines are exempt as mobile sources, that the plaintiffs lack standing and that are unconstitutional. A Justice Department motion to dismiss was denied earlier in October.
The ruling decides nothing about liability. It does mean the question of whether an AI company can power a data center on unpermitted turbines while it waits for the grid now goes to evidence.
A judge lets the NAACP's lawsuit over xAI's Memphis turbines go ahead
US District Judge Debra M. Brown denied xAI's motion to dismiss on Saturday in the NAACP's suit over the gas turbines powering Colossus, its data center outside Memphis. The Southern Environmental Law Center, suing for the NAACP, alleges xAI ran at least 35 combustion turbines and other pollution sources without air permits. Brown rejected xAI's arguments that the turbines are exempt as mobile sources, that the plaintiffs lack standing and that citizen suits are unconstitutional. A Justice Department motion to dismiss was denied earlier in October.
The ruling decides nothing about liability. It does mean the question of whether an AI company can power a data center on unpermitted turbines while it waits for the grid now goes to evidence. SourcesB
Sources
- BJudge allows NAACP lawsuit over xAI data center pollution to move forward (TechCrunch)techcrunch.com
This story ran in the Morning Brief of November 2nd 2026.