Elon Musk’s artificial intelligence company is being sued for the negative impact its data center is having on the environment in Mississippi. Now, the Trump administration is seeking to dismiss the suit, arguing that the xAI center is too important to the nation’s military to be subjected to clean-air regulations.

Justice Department argues national security, seeks to toss environmental lawsuit

The New York Times reported that the Department of Justice filed a memo Monday asking a federal court to dismiss a lawsuit against xAI for its use of dozens of gas-burning turbines at its data center in Mississippi near the Tennessee border.

The DOJ argues that the court should throw out the lawsuit, which is based on the Clean Air Act, because xAI is too important to national security.

Associate Attorney General Stanley Woodward Jr.’s memo claimed that the suit is “seeking to shut off the power supply for artificial-intelligence innovation that supports the Department of War’s military operations” and should thus be dismissed.

The memo also cites achieving “global A.I. dominance” as a compelling interest of the federal government.

The DOJ’s argument is not limited to the xAI data center in Mississippi. Rather, the Justice Department is arguing that the federal government generally has the authority to reject environmental lawsuits brought by private individuals or organizations.

NAACP claims data center is polluting air in Black communities

The lawsuit in question was filed by the NAACP to oppose the xAI data center’s use of portable, gas-powered turbines at its Mississippi facility.

The Mississippi Department of Environmental Quality previously ruled that xAI did not require permits to operate the turbines, and the artificial intelligence company has argued that the turbines are temporary and thus not subject to federal environmental regulation under the Clean Air Act.

The NAACP maintains that it is entitled to challenge the center under the Clean Air Act, arguing that the facility is one of the country’s largest producers of nitrogen oxide, a smog-forming chemical, as well as a major source of other air pollutants such as formaldehyde.

The lawsuit alleges that this pollution disproportionately impacts Black communities and other vulnerable populations in the area.

Musk, AI and environmental racism

The fight between the NAACP and xAI, as well as the Justice Department, represents a convergence of several issues, including the expanding power of Elon Musk, the proliferation of data centers amid public backlash and ongoing examples of environmental racism.

Musk, who recently became the world’s first trillionaire, has been criticized for the negative impact that his right-wing agenda and growing economic and political influence have had in the United States and around the world.

Among other ventures, Musk is one of the major players in the expansion of AI and sprawling data centers, which have been criticized for their negative environmental consequences as well as their long-term impact on the economy.

For example, experts have warned that an xAI data center in Memphis has created a “public health crisis” of air pollution that disproportionately impacts Black and other vulnerable communities.

These are merely some potential examples of the environmental racism that has afflicted Black communities, including many in the South, with air and water pollution.

These issues are unlikely to be resolved by one lawsuit. However, the Mississippi case may go a long way toward determining the extent to which private citizens and organizations can use the courts to fight pollution and the limits of the power of large corporations to pollute the areas in which they operate.