An move to rescind xAI’s air permit was dismissed by the Shelby County Air Pollution Board Monday.
The Southern Environmental Law Center (SELC) filed an appeal for the permit on behalf of the National Association for the Advancement of Colored People (NAACP) and Young, Gifted, and Green in July. The appeal came after the air pollution board, part of the the Shelby County Health Department (SCHD), granted xAI permission to install 15 permanent natural gas turbines.
SELC argued the turbines were operating without a permit prior to the approval from the board.
On Monday, the Shelby County Air Pollution Control Board heard arguments in the case. The appeal from the NAACP and SELC was dismissed in a 6-1 vote.
Baker Donelson represented the SCHD. Firms Butler and Snow and Vinson and Elkins represented CTC Property LLC, xAI’s real estate affiliate.
Prior to hearing opening arguments, the board opened a public comment period where six people from each side were invited to speak. All speakers against the air permit were pulled at random from public comment cards.
Residents of Boxtown along with other local advocates spoke about the harm of having the facility near a historically disenfranchised and burdened community. Speakers also criticized the county and city for their lack of public input and transparency.
“Not only is xAI unreliable and repeatedly shown itself to be a major polluter, but Shelby County is already in a F ozone rating,” Jasmine Bernard said. “By allowing companies like xAI to blatantly and illegally pollute without proper oversight, the lives of many are put on the chopping block for no incentive other than profit that isn’t worth our lives.”
The board chairman alerted the audience that since there were no public comment cards in favor of xAI, he would call on names provided by the company to speak on their behalf.
Melody Freeman, executive director of the Greater Memphis Workforce Development board spoke on the positive community impact that’s been a result of “collaboration with xAI.” She praised workforce development as a result of the company’s presence.
Briana Hamilton, Health, Safety, and Environment Manager at xAI, said the company truly embodies “opportunity.”
“Everyday, xAI dares to tackle the unthinkable, setting standards that are truly unmatched,” Hamilton said. “As a Memphian, I am genuinely grateful that xAI chose Memphis as a home. We’ll continue to do the right thing, even when no one is watching.”
The SELC argued that the board’s job is to hold SCHD accountable for following the law. SELC reminded the board that their decision on Monday would influence how tech companies proceed in the future.
“There really is a role for the board to hold the department accountable for applying the law as it is written,” Amanda Garcia, SELC senior attorney, said. “Unfortunately we did not get that today. We got a dismissal without consideration of the law and merits.”
While SELC spoke to xAI’s contributions to air pollution in the area, counsel for xAI said that air quality has improved since the turbines were installed, and cited information from airnow.gov. They also referenced a study released by the city of Memphis that found no dangerous pollutants in Boxtown, Whitehaven, or Downtown.
Attorneys for the health department stressed that the Environmental Protection Agency (EPA) told them that the temporary turbines did not need a permit. This caused the board to decide the permit met legal requirements. One board member said it was not an easy decision to make as a citizen board.
“The decision today leaves in place what we believe is an unlawful policy,” Garcia said. “We now are left with a policy that is harmful to public health.”