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DOJ Supports xAI's Use of Unpermitted Gas Turbines Amid Lawsuit

By Avery Sloan 1 month ago

The Department of Justice has backed xAI in a lawsuit concerning the company's unpermitted gas turbines, arguing that a ruling against xAI could threaten national and economic security.

On Monday, the Department of Justice (DOJ) expressed its support for xAI in a lawsuit aimed at halting the company's operation of numerous unpermitted natural gas turbines located near its data centers in Memphis, as reported by Wired.

The DOJ's memorandum stated that a victory for the NAACP, which filed the lawsuit in April, could jeopardize "American national, economic, and energy security." The department emphasized that shutting down the power supply for artificial intelligence innovation, which underpins military operations by the Department of War, would have significant consequences.

According to the DOJ, xAI's Grok is among four artificial intelligence models that facilitate essential operations, including recent military strikes in Iran.

The NAACP first indicated its intention to sue xAI in June of the previous year, aiming to terminate the company's use of "mobile" gas turbines at its Colossus and Colossus 2 data centers. Despite these efforts, xAI continued to expand its operations and has since increased the number of turbines from an initial count to a total of 57.

xAI contends that the turbines, which have remained mounted on trailers, are exempt from Mississippi's air pollution regulations for a period of one year. However, the Southern Environmental Law Center, representing the NAACP, argues that the use of these turbines violates federal law, which can classify trailer-mounted turbines as stationary and thus subject to regulatory oversight.

The NAACP has raised concerns regarding the air quality in a region already known for high pollution levels, claiming that conditions have worsened since xAI's data centers began operations.

Since last year, the number of turbines at xAI's data centers has more than doubled, leading to increases in three significant air pollutants: PM2.5, formaldehyde, and nitrogen oxides (NOx). These pollutants have been associated with various health issues, including asthma and cardiovascular diseases. Formaldehyde exposure is linked to an elevated cancer risk, while PM2.5 is connected to numerous health problems, ranging from strokes to Alzheimer’s disease.

As xAI continues its operations, the company, now a division of SpaceX, is planning to acquire additional gas generators in the near future. SpaceX’s initial public offering (IPO) filing indicated that the company intends to purchase $2.8 billion worth of gas turbines to support its AI data centers over the next three years, with at least $2 billion allocated for "mobile gas turbines."

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