The NAACP alleged that xAI and a subsidiary company built and operated 27 natural gas-fired turbines in Southaven, Mississippi, without the required Clean Air Act permits. The turbines generated electricity to power xAI’s nearby Colossus 2 data center. The NAACP alleged that the gas plant released harmful pollutants, such as nitrogen oxides and formaldehyde, which can increase rates of asthma, respiratory diseases, heart problems, and certain cancers.
Had xAI applied for a permit to operate the turbines under the Clean Air Act, the EPA would have required xAI to use the best available technology to reduce those emissions. But xAI never applied to the EPA for a permit.
A request from the federal government
In June 2026, the US Department of Justice asked the judge to dismiss the case, claiming, among other arguments, that citizen suits cannot proceed when the federal government does not oppose the polluting behavior.
The Justice Department’s court filing cited two executive orders signed by President Donald Trump within days of the start of his second term—one declaring a “national energy emergency” and the other seeking to support “American leadership in artificial intelligence.”
According to the Justice Department, the NAACP’s lawsuit threatens “artificial intelligence innovation” and national security. The government’s filing goes on to argue that citizen lawsuits were not intended to allow everyday citizens to enforce laws in ways that go against what the federal government deems is in the public interest.
Instead, the Justice Department claimed, citizen suits should be allowed by the court only when the government fails to enforce the statute, and not when the government has decided that executive branch policy means enforcement action is contrary to the public interest.
Conflict between the government and the public
This is the first time the Justice Department has taken this position in court. But defendants and judges have questioned the constitutionality of citizen suits in the past.
Some critics, including the Trump administration, view citizen suits as a way for citizens to usurp the executive branch’s prosecutorial authority. Supporters of the citizen suit provisions, on the other hand, say they allow regular people to exercise their statutory rights to advocate for a clean and healthy environment and enforce environmental laws when the government’s efforts fall short.
Regardless of how the court rules in the NAACP case against xAI, I believe the filing from the Trump administration is another step in a broader effort to consolidate government power in the executive branch.
Sarah J. Morath is professor of law and associate dean for international affairs at Wake Forest University.
This article is republished from The Conversation under a Creative Commons license. Read the original article.
