• After thermal imaging showed xAI's lie: After thermal imaging seemingly revealed that xAI lied about suspected pollution at its Colossus supercomputer data center near Black communities in Memphis, Tennessee, the NAACP threatened a lawsuit for violating the Clean Air Act.
• NAACP's letter to xAI: On Tuesday, the Southern Environmental Law Center (SELC) notified xAI in a letter that the NAACP intended to sue in 60 days if xAI didn't meet to discuss concerns about not using best available pollution controls. They asked xAI to come to the table within 20 days.
• xAI's accusations: xAI was accused of ignoring Black communities' concerns. Its ambition to build the world's largest AI data center potentially introduced a large source of nitrogen oxides, reducing air quality in a city with high asthma-related issues. It didn't seek permits or conduct emissions testing for its methane gas turbines.
• SELC's monitoring: The SELC has been monitoring xAI's facility since last summer. Thermal imaging in April showed nearly all turbines were emitting significant heat, indicating they were running. In June, some smaller turbines were removed and replaced with three larger ones.
• xAI's pollution potential: xAI's active turbines operate without best available control technology and there is no dispute they don't meet BACT requirements as they lack permits. They are a major source of formaldehyde with potential emissions.
• Permitting exemption: The terms of xAI's permitting exemption are vague. Allegedly, it may be a "nonroad engine exemption" but its turbines don't qualify. Local leaders' claim of a "364-exemption" for the turbines is unsubstantiated.
• NAACP's stance and lawsuit plans: The NAACP plans to hold xAI accountable for alleged Clean Air Act violations and other laws. If xAI loses, it could face an injunction and fines. The NAACP president, Derrick Johnson, emphasized the need to hold xAI accountable and not let big corporations ignore health concerns.