Trump Administration Pushes For Broader Powers In Legal Defence of Musk’s xAI

The US Department of Justice believes that Elon Musk’s company, xAI, should be able to violate the Clean Air Act solely because the Trump administration says so. The DOJ’s statements follow the NAACP’s Clean Air Act citizen suit against xAI, alleging that it violates the Clean Air Act and poses a risk to local communities’ health.

“Laws like the Clean Air Act are a bedrock insurance policy for communities to hold polluters accountable for decisions that cause them harm. This should not be up for debate, and the NAACP will continue to stand up for democracy and against federal bullying and authoritarianism,” said Abre’ Conner, NAACP Director of Environmental and Climate Justice.

Conner continues: “At a time when the ultra-rich seem to be protected and supported by some of our government entities, it is important that polluting industries don’t get to benefit at the expense of the health of Black communities.”

The Department of Justice supportes xAI

In the filing, the Department of Justice does not deny that xAI is emitting harmful pollution into local communities in Memphis and North Mississippi. But it states that it doesn’t matter whether xAI breaks the law and threatens community members’ health, as long as the Trump Administration supports xAI, according to a press release shared with POCIT.

The Department of Justice is attempting to undermine the importance of Citizen suits under the Clean Air Act, Clean Water Act, and other significant environmental laws. They are often a last option for communities when government regulators fail to hold polluters accountable.

“Trump’s Justice Department wants to shield Elon Musk’s data centre company, xAI, from being held accountable for its illegal pollution—and it’s attempting to grab power from impacted communities, the courts, and Congress to do so. There is no moral or legal precedent for this,” says Laura Thoms, Director of Enforcement for Earthjustice. 

xAI violating the Clean Air Act

The NAACP informed xAI and MZX Tech that their personal power plant, comprising 27 gas-fired turbines, violates the Clean Air Act and poses a risk to local communities’ health. The claims were ignored, and xAI brought 6 additional gas turbines on site, bringing the total to 33.

The 33 unpermitted gas turbines that make up xAI’s power plant have the potential to emit a great amount of toxic air pollution each year:

• 2,507 tons of smog-forming nitrogen oxides (NOx). These emissions numbers likely make the facility the largest industrial source of NOx in the greater Memphis area, an area already failing to meet national smog standards. The American Lung Association recently gave both DeSoto County (Southaven, MS) and Shelby County (Memphis, TN) an “F” for ozone (smog) pollution.
• 236 tons of fine particulate matter, which can cause premature death and is associated with cancer, asthma attacks, and hospitalizations and emergency room visits for severe heart and lung diseases.
• 837 tons of carbon monoxide.
• 25 tons of formaldehyde—a toxic, cancer-causing chemical.

Image: Dado Ruvic/Illustration

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