Environmental groups officially filed an appeal to challenge the air permit granted to MZX Tech — xAI’s affiliate company.
The Southern Environmental Law Center (SELC) filed the appeal on behalf of the National Association for the Advancement of Colored People (NAACP), Young, Gifted & Green, and the Safe and Sound Coalition on Thursday.
The appeal challenges the decision made by the Mississippi Department of Environmental Equality’s (MDEQ) to issue MZX Tech a permit to operate 41 methane gas turbines at the facility located at 2875 Stanton Road in Southaven.
SELC called the turbines a “personal plant” and said it would provide electricity for the Colossus 2 data center. The law center said the turbines would be a large source of smog-forming pollution in the area, and would contribute to health concerns in the region.
“The flawed permit violates the law and threatens the health of families who live in North Mississippi and South Memphis,” SELC said in a statement. “MDEQ approved the permit for the power plant last month despite overwhelming opposition from people living near the site.”
MDEQ’s decision has been criticized by local and national groups as they said it ignored citizen concerns. The permit hearing was also held on Election Day, and five days after the meeting was announced.
MDEQ later said the permit timeline was based off of xAI’s schedule.
Shannon Samsa, a member of the Safe and Sound Coalition, said MDEQ’s “rushed” decision contributed to a lack of transparency observed by those in the community, and called the agency’s “regulatory accountability” into question.
“Those with the authority to protect us had every opportunity to slow this process down, fully evaluate the risks, and ensure meaningful public involvement,” Samsa said. “Instead, they chose to push it forward.”
Concerns also stemmed from xAI’s analysis of its air pollution impact, which MDEQ used in the permit consideration process. SELC called the analysis “flawed” saying the company did not prove it won’t “negatively impact air quality.”
“The permit is also missing a key provision that would better protect air quality and public health officials in nearby communities,” SELC said. “MDEQ failed to require xAI to obtain offsets, which are emission reductions from other nearby polluters that can help counteract the facility’s pollution.”