The Department of Justice has moved to quash a Clean Air Act lawsuit against Elon Musk's xAI, asserting that the company's unpermitted gas turbines near Memphis constitute a matter of "national, economic, and energy security," according to Electrek. Utility Dive reports that the Department of Defense further argued the xAI data center is critical to national security, revealing that its Grok AI system was used to fire thousands of missiles in the Iran war.
The turbines, which have been operating without air permits in one of the most polluted regions of the country, have drawn sharp criticism from environmental groups. CleanTechnica characterized the DOJ's intervention as xAI hiding behind the government to avoid legal obligations not to poison people. The lawsuit was filed under the Clean Air Act, alleging the methane-burning turbines are polluting the skies over Mississippi.
The DOJ's filing marks a significant escalation of federal involvement in a local pollution dispute, placing the Trump administration directly alongside Musk in court. The intervention leverages national security claims to shield the data center from environmental enforcement actions that would otherwise require permits and emissions controls.
Critics argue the move sets a dangerous precedent, allowing tech companies to bypass environmental regulations by invoking national security. "The DOJ is using national security as a blank check for pollution," said one environmental policy analyst, speaking on condition of anonymity. The case could test the limits of executive power in environmental litigation.
The intervention comes amid broader tensions between data center expansion and environmental compliance. While the DOJ cited security imperatives, opponents maintain that the turbines' emissions disproportionately impact already overburdened communities near Memphis.