NAACP, SELC, Earthjustice threaten Lawsuit over xAI’s Unpermitted Gas Turbines in Mississippi
FOR IMMEDIATE RELEASE
February 13, 2026
Contacts:
NAACP: Chyna Fields, cfields@naacpnet.org
SELC: Eric Hilt, 615-622-1199 or ehilt@selc.org
Earthjustice: Dustin Renaud, 228-209-2194 or drenaud@earthjustice.org
The notice of intent to sue alleges xAI built an illegal de facto power plant that is polluting Mississippi communities to power a data center
SOUTHAVEN, Miss. — The Southern Environmental Law Center and Earthjustice, on behalf of the Mississippi State Conference of the NAACP and the national NAACP, sent a notice of intent to sue to xAI for the tech company's ongoing use of unpermitted methane gas turbines to power its massive Colossus 2 data center.
The notice letter explains that xAI, a company founded by Elon Musk, is violating the Clean Air Act by installing and operating polluting gas-fired turbines without obtaining any permits. A 60-day notice of intent to sue is a prerequisite to filing a lawsuit under the Clean Air Act.
"Our communities are not playgrounds for corporations who are chasing profit over people. xAI's first data center is already creating pollution for Mississippi's neighbors in Memphis — a community already suffering from decades of disparity — and now they are polluting in Southaven, Mississippi," said Abre' Conner, Director of Environmental and Climate Justice at the NAACP. "We will not stand by idly. As we shared when xAI began its operation in Tennessee, this illegal pollution only exacerbates complications to frontline communities who continue to bear the brunt of environmental injustice. We cannot allow for companies to promise a better future while pumping harmful chemicals into the air we breathe. We demand that xAI follow the Clean Air Act and stop operating these unpermitted turbines to protect the people of Southaven."
xAI began operations at its second South Memphis data center, Colossus 2, late last year. To meet the data center's massive power demand, xAI installed 27 gas turbines at a nearby location across state lines in Southaven, Mississippi. Even though the turbines can generate up to 495 megawatts of power — the equivalent of a conventional power plant — xAI did not obtain any permits before installing or operating them.
Gas turbines emit smog-forming pollution, fine particulate matter, and hazardous chemicals like formaldehyde. These pollutants are tied to increases in asthma, respiratory diseases, heart problems, and certain cancers. Together, xAI's 27 unpermitted turbines in Southaven have the potential to emit a staggering amount of smog-forming nitrogen oxides (NOx), likely making the facility the largest industrial source of NOx in the 11-county Memphis metropolitan area.
"xAI has once again built a polluting power plant without any permits and without any notice to nearby communities," SELC Senior Attorney Patrick Anderson said. "There are no loopholes or exceptions — xAI is breaking the law while leaving local communities to deal with the consequences, and we plan to take them to court."
Pollution from the turbines powering xAI's data center risks worsening air quality problems in the Memphis area, which is already failing to meet national standards for smog. Memphis was recently named an 'asthma capital' and both Shelby County, Tenn., and DeSoto County, Miss., received an "F" for ozone pollution from the American Lung Association.
"xAI is running a de facto power plant without an air permit, without necessary pollution controls, and without regard for families living as close as a half mile away," said Laura Thoms, Enforcement Director for Earthjustice. "We won't let the company disregard the law and the health of Mississippi residents."
Colossus 2 is xAI's second data center in South Memphis. The company began operations at its first site, Colossus 1, in June of 2024 and used as many as 35 unpermitted gas turbines to power the facility. Despite receiving intense public pushback over the use of illegal turbines and the lack of public input and transparency around Colossus 1, xAI officials said it planned on "copying and pasting" its unlawful turbine strategy to power Colossus 2.
xAI removed its unpermitted turbines at the Colossus 1 data center after SELC, on behalf of the NAACP, sent a notice of intent to sue under the Clean Air Act, and the company obtained permits for its remaining 15 turbines.
xAI is currently planning to operate a third data center in the Memphis area — this one also located in Southaven — but the company has not provided any details about how that third data center will be powered or the impact it will have on air quality and community members' health.
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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.
About SELC
The Southern Environmental Law Center is one of the nation's most powerful defenders of the environment, rooted in the South. With a long track record, SELC takes on the toughest environmental challenges in court, in government, and in our communities to protect our region's air, water, climate, wildlife, lands, and people. Nonprofit and nonpartisan, the organization has a staff of 200, including more than 130 legal and policy experts, and is headquartered in Charlottesville, Va., with offices in Asheville, Atlanta, Birmingham, Chapel Hill, Charleston, Nashville, Richmond, and Washington, D.C. selc.org
Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people's health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer.