A federal judge has denied xAI‘s motion to dismiss a Clean Air Act lawsuit brought by the NAACP over air pollution from the gas turbines powering the Colossus data center near Memphis. The Southern Environmental Law Center, suing on behalf of the NAACP, alleged that xAI installed and operated at least 35 combustion turbines and other pollution sources at the site without obtaining the required preconstruction or operating air permits. xAI had argued the turbines were exempt because they are mobile, and that the plaintiffs lacked standing to sue. Judge Debra M. Brown rejected those arguments, ruling that the plaintiffs have statutory standing under the Clean Air Act, that the turbines are not “mobile sources” under Mississippi’s State Implementation Plan, and that the citizen suit provision does not violate Article II of the Constitution or the private nondelegation doctrine. Addressing xAI‘s constitutional challenge, Judge Brown wrote that citizen suit plaintiffs sue on their own behalf and seek penalties that redress harm to themselves, so they are not exercising the federal government’s executive power.

The decision follows an earlier denial of a similar motion to dismiss from the Department of Justice, which had also sought to dismiss the case. Abre’ Connor, the NAACP‘s director of environmental and climate justice, called the ruling “another important victory in our effort to hold xAI accountable,” noting that the courts have repeatedly rejected attempts by xAI and the DOJ to dismiss the case. Connor emphasized that xAI cannot operate gas turbines without the required permits. TechCrunch has reached out to SpaceX, xAI‘s parent company, for comment.

The lawsuit is moving forward against a backdrop of growing public opposition to data centers. New York recently passed a moratorium on new data centers, and other state and local governments are considering similar measures. The backlash has also prompted Amazon and Microsoft to pledge to stop using nondisclosure agreements in their dealings with government agencies, and the article notes the issue could be a significant factor in the upcoming U.S. midterm elections.