DOJ urges court to toss data center pollution case, claiming national security threat

The Trump administration is pushing back against actions to address the environmental impact of data centers as it uses AI to beef up its war machine.

Late Monday (June 15) night, the Department of Justice intervened in a Mississippi federal court case, urging the court to dismiss the lawsuit in a memo from associate attorney general Stanley Woodward, Jr.

The lawsuit was brought forth by the NAACP. It argues that the presence of unpermitted gas-powered turbines operated by xAI and its subsidiary, MZX Tech, in Southaven, Mississippi disproportionately pollute Black neighborhoods and violate the Clean Air Act.

In the notice, the Justice Department argued that the lawsuit is a national security threat because it "seeks to shut off the power supply for artificial-intelligence innovation that supports the Department of War’s military operations," the New York Times reported.

It's not the NAACP's first time suing over the widespread environmental concerns prompted by expansive data center investment. In January, the Environmental Protection Agency (EPA) ruled that xAI's Colossus methane gas turbines in Memphis, Tennessee could not skirt air regulation requirements. It was considered a victory for the NAACP, which filed a lawsuit over the turbines' potentially cancerous nitrogen oxide emissions.

But those same turbines are also operating just across the border in Mississippi, powering xAI's Colossus 2 data center. Building on the previous win, the NAACP is now seeking an injunction and $124,000 per day per violation payout from xAI for its Mississippi operation.

The Justice Department's memo is a rare instance of the agency intervening to prevent environmental law from being enforced, advocates say. In addition to a call to halt the case, Woodward argued that individual citizens and groups should not have the power to sue over the enforcement of the Clean Air Act and asserted that the federal government should have "unchallenged authority" to stop them. The Act has historically provided a pathway for citizen suits on behalf of affected communities and environmental groups.