(BPRW) NAACP and Advocacy Groups Appeal Permit for xAI’s South Memphis Data Center, decisions around unpermitted methane gas turbines

(Black PR Wire) MEMPHIS, Tenn. — The Southern Environmental Law Center, on behalf of the NAACP and Young, Gifted & Green, filed an appeal with the Memphis and Shelby County Air Pollution Control Board, challenging the Shelby County Health Department’s decision to issue an air permit to xAI as well as the department’s decisions related to the operation of unpermitted methane gas turbines.

The permit, which was issued on July 2, would allow xAI to run 15 polluting methane gas turbines at the site 24 hours a day, seven days a week. In granting the permit, The Shelby County Health Department (SCHD) failed to address the dozens of unpermitted gas turbines that were installed at the xAI data center over the last year and ignored hundreds of comments opposing the draft permit.

While responding to those comments, SCHD wrongly claimed that the federal Clean Air Act didn’t apply to xAI’s unpermitted gas turbines, citing an exemption for “nonroad engines” — typically defined as things like construction equipment, smaller backup generators, or lawn mowers. However, the Clean Air Act specifically says that turbines as large as the ones at the xAI site do not qualify for this exemption.

The health department’s flawed narrative creates an extremely concerning precedent that would allow xAI or other companies to disregard federal and local law and operate large polluting turbines without any permits or penalties. This precedent is even more troubling after recent reported statements from an xAI representative that the company is “copying and pasting” what it did at its first data center at its second South Memphis data center in the Whitehaven neighborhood.

“We will persist until the health department and every other agency follow the law, and we will ensure that the safety and well-being of Black people are not treated as secondary to the profits of Elon Musk’s xAI,” said NAACP President and CEO Derrick Johnson. “Our health shouldn’t be threatened at the hands of billionaires who circumvent the law.”

“We hope the Shelby County Health Department sees this appeal as a second chance to prioritize the health of the people in the community,” said NAACP Director of Environmental Justice Abre’ Conner. “The NAACP and community members have repeatedly shared concerns that xAI is causing a significant increase in the pollution of the air Memphians breathe. The health department should focus on people’s health — not on maximizing corporate gain.”

“The Shelby County Health Department’s decision to grant this permit not only violates federal law, it goes against the department’s own regulations,” SELC Senior Attorney Amanda Garcia said. “The health department failed to hold xAI accountable for unlawfully installing 35 polluting methane gas turbines at the site before getting a permit, setting a dangerous precedent that opens the door for xAI or other companies to run any number of new polluting turbines at any time without any public oversight or approval.”

“As a Black woman born and raised in Memphis, I know firsthand how industry harms Black communities while those in power cower away from justice,” LaTricea Adams, CEO and President of Young, Gifted & Green, said. “Young, Gifted & Green is standing on environmental justice business and is challenging Shelby County’s reckless approval of xAI’s air permit. The Shelby County Health Department needs to do their job to protect the health of ALL Memphians, especially those in frontline communities like 38109, that are burdened with a history of environmental racism, legacy pollution, and redlining.”

SCHD’s decision to ignore xAI’s existing unpermitted turbines also led the agency to issue the wrong type of permit for the facility. Since the facility was already running and emitting pollution, it required a permit for a major modification — but SCHD instead wrongly classified the data center as a new minor source of pollution. This move allows xAI to avoid key oversight provisions that would better protect nearby communities.

Methane gas turbines release smog-forming pollution and harmful chemicals like formaldehyde. The pollutants are tied to asthma, respiratory illnesses, heart problems, and even certain types of cancer. The Memphis area is currently not meeting national standards for smog and neighborhoods in South Memphis face elevated asthma rates and cancer risks four times the national average.

The appeal asks the Memphis and Shelby County Air Pollution Control Board to declare that large gas turbines cannot qualify for the nonroad exemption and to vacate the air permit for the xAI data center.

###

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.