U.S. judge denies Justice Department bid to dismiss NAACP lawsuit against xAI

GREENVILLE, Miss. — The U.S. District Court for the Northern District of Mississippi on Monday denied the U.S. Department of Justice's attempt to dismiss NAACP's Clean Air Act lawsuit against xAI, ruling that the department cannot unilaterally block the case, Earthjustice said.

The lawsuit challenges xAI's continued operation of a gas-fired power plant supporting its Colossus 2 data center. The plaintiffs say the plant is illegal and has no permit. The court wrote in its order that there is "no ‘fairly possible’ interpretation of the Clean Air Act that would give the United States the right to unilaterally dismiss a citizen suit". It also ruled that the Justice Department (DOJ) can intervene in the case, but said "[w]hat the United States can and cannot do after intervention, however, is another matter."

According to Earthjustice, the order came shortly after the Fifth Circuit Court of Appeals denied a DOJ motion to stay the district court proceedings. Earthjustice said the plant can emit more than 5,000 tons of nitrogen oxides each year.