Power Grab/Fire anyone who can stop him
The Justice Department asks a federal court to dismiss the NAACP’s Clean Air Act suit against Elon Musk’s xAI
The suit concerns dozens of unpermitted gas turbines at the Colossus 2 data center in Southaven, Mississippi. The filing came days after SpaceX’s IPO.
What happened
On June 15, 2026, the Justice Department moved to intervene in and dismiss with prejudice the NAACP’s Clean Air Act citizen suit against xAI and its subsidiary MZX Tech. The suit concerns dozens of unpermitted gas turbines at the Colossus 2 data center in Southaven, Mississippi.
In a 33-page memorandum, the government argued that the relief sought would cut power to AI systems supporting the Department of War. It also argued that the Clean Air Act gives the United States primacy over citizen enforcers, and that the executive may terminate such suits.
Mississippi Governor Tate Reeves and a Pentagon AI official also sought dismissal, saying Grok Gov Mode was used in strikes on Iran. The NAACP, represented by Earthjustice and SELC, says the turbines grew from 27 to 59 since its notice.
Who benefited
xAI and Elon Musk would be shielded from a citizen enforcement suit by the government that is supposed to enforce the statute. The filing came days after SpaceX’s IPO. The administration’s AI build-out also depends on data centers running ahead of permitting.
Who wanted something
The Justice Department filed the motion, invoking national security and economic importance. The administration has treated AI infrastructure as a strategic priority, and Musk, despite his 2025 break with Trump, remained a major contractor through SpaceX. Governor Reeves and a Pentagon AI official joined in seeking dismissal.
Who lost out
Residents near xAI’s turbines would lose a Clean Air Act remedy that the government sought to extinguish. They live in predominantly Black neighborhoods in South Memphis and across the Mississippi line. The NAACP’s suit would end without a ruling on the pollution.
Why it matters
Citizen suits exist so communities can enforce environmental law when the government will not. Here the Justice Department asked a court to end one on behalf of a company, citing the Department of War’s needs. The turbines have grown from 27 to 59 since the NAACP’s notice.
Sources Route FiftyMitchell Williams LawEarth.orgLawyer MonthlyThe Guardian