The National Association for the Advancement of Colored People (NAACP) asked a court to stop operations of the xAI plant in Southaven on Wednesday.
The national advocacy group filed a request for a preliminary injunction in the U.S. District Court for the Northern District of Mississippi against xAI, and its subsidiary, MZX Tech citing permitting and Clean Air Act violations.
“NAACP’s request for a preliminary injunction asks the court to take emergency action to immediately halt xAI’s illegal and dangerous pollution in order to protect nearby communities that are facing imminent health harms,” the NAACP said.
Officials from the NAACP and the Southern Environmental Law Center (SELC) said they reached out to xAI in February about 27 gas-fired turbines operating at the site. They said the company brought six additional turbines, furthering pollution concerns.
SELC claimed the power plant’s location on 2875 Stanton Road poses health risks for families in North Mississippi and Memphis. Attorneys said the turbines required proper air permits before being constructed or operated.
We’ve warned xAI for months that its operation of un-permitted gas turbines violates federal law.
Ben Grillot, SELC senior attorney
The environmental group cited the turbines as being a potential contributor to Memphis and Southaven’s smog pollution. The turbines could also contribute to a rise of cancer, asthma, and hospitalizations due to emissions of particulate matter, carbon monoxide, and formaldehyde.
“We’ve warned xAI for months that its operation of un-permitted gas turbines violates federal law,” said Ben Grillot, a senior attorney at SELC. “But instead of fixing these issues, xAI installed six more massive turbines to its personal power plant, increasing the amount of illegal pollution that it can pump into nearby communities.”
Abre’ Conner, director of environmental and climate justice at the NAACP, said community health should be treated with urgency. Conner said xAI’s actions demonstrate a “blatant disregard for the law.”
“We will not stand by and idly watch as the Clean Air Act is ignored,” Conner said. “We will continue to fight to ensure all polluters, including billionaires’ companies, understand that the law is not to be treated as a suggestion while local communities bear the consequences.”
The law is not to be treated as a suggestion while local communities bear the consequences.
Abre’ Conner, director of environmental and climate justice at the NAAC
The NAACP’s request comes after the group sued xAI and MZX Tech last month for its methane gas turbine operations in Southaven. The group is being represented by the SELC and Earthjustice.
Legal action was taken following a 60-day notice of intent to sue, as the groups said the company failed to get the proper permits for its power plant.
SELC also filed an appeal on behalf of the NAACP, Young, Gifted & Green, and the Safe and Sound Coalition to challenge the permit issued to MZX Tech by the Mississippi Department of Environmental Quality (MDEQ) in April.