The agency argues that xAI operations are integral to US military operations.
The Justice Department, along with the state of Mississippi, is asking the court to dismiss the lawsuit filed by the NAACP against XAI in April. If you recall, the organization sued XAI for allegedly operating methane gas turbines to power its Colossus 2 data center in South Memphis without proper permits. It later asked the court for an injunction to stop XAI from running the turbines, explaining that they increase “the risk of asthma attacks and heart disease”. according to wiredThe Justice Department has filed a petition in court, siding with Elon Musk’s company and arguing that its operations are integral to US military operations, including the Iran war.
In its lawsuit, the NAACP accused xAI of operating 27 gas turbines without a permit. Gas turbines are known to emit pollution, hazardous chemicals and particulates. They’re already worrisome because of the data centers’ proximity to people’s homes, but they’re even more worrisome when you consider that Memphis is one of the asthma capitals of the United States. It had the second-highest number of asthma-related emergency room visits in 2024, according to the Asthma and Allergy Foundation of America. It is worth noting that while the lawsuit was only for 27 gas turbines, the Southern Environmental Law Center (SELC) later obtained emails showing that XAI added even more turbines after the lawsuit was filed, bringing the total to 57.
In its filing, the Justice Department reportedly wrote that preventing It says it uses only four AI models to support mission-critical operations in the top-secret classified network, with Grok being one of them. Cameron Stanley, the Defense Department’s chief digital and AI officer, also submitted a filing in support of XAI, explaining how Groke’s Gov model supports a “critical national security mission.” He also said that preventing the turbines from running data centers “directly jeopardizes ongoing national security interests.”
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