MISS.Court order
Court refuses to dismiss NAACP's Clean Air Act suit over xAI's Mississippi data center turbines
The U.S. District Court for the Northern District of Mississippi on October 30 denied a motion by xAI, now SpaceX's AI division, and subsidiary MZX Tech to dismiss the NAACP's Clean Air Act suit over unpermitted gas turbines powering its Colossus 2 data center in Southaven. The court held the NAACP has statutory standing, the turbines are not exempt mobile sources and the citizen-suit provision is constitutional. A preliminary injunction motion remains pending.
Order (Earthjustice) → · CNBC
Key points
- The court denied xAI's motion to dismiss on Friday, October 30, letting the NAACP's claims proceed.EarthjusticeCNBC
- The court found the plant is not a mobile source exempt from Clean Air Act permitting.EarthjusticeCNBC
- It rejected arguments that citizen suits violate Article II or the private nondelegation doctrine.EarthjusticeCNBC
- The suit alleges xAI and MZX Tech ran 27 gas turbines in Southaven without an air permit in late 2025.CNBC
- The ruling came about two weeks after the court rejected a Justice Department request to end the case.EarthjusticeCNBC
- The NAACP, represented by the Southern Environmental Law Center and Earthjustice, still awaits a ruling on its preliminary injunction motion.Earthjustice