Permit for xAI’s data center blatantly violates Clean Air Act, NAACP says

In an SELC press release, LaTricea Adams, CEO and President of Young, Gifted and Green, called the SCHD’s decisions on xAI’s permit “reckless.”

“As a Black woman born and raised in Memphis, I know firsthand how industry harms Black communities while those in power cower away from justice,” Adams said. “The Shelby County Health Department needs to do their job to protect the health of ALL Memphians, especially those in frontline communities… that are burdened with a history of environmental racism, legacy pollution, and redlining.”

Groups also suspect xAI is stockpiling dozens of gas turbines to potentially power a second facility nearby—which could lead to over 90 turbines in operation. To get that facility up and running, Musk claimed that he will be “copying and pasting” the process for launching the first data center, SELC’s press release said.

Groups appealing have asked the board to revoke xAI’s permits and declare that xAI’s turbines do not qualify for exemptions from the Clean Air Act or other laws and that all permits for gas turbines must meet strict EPA standards. If successful, groups could force xAI to redo the permitting process “pursuant to the major source requirements of the Clean Air Act” and local law. At the very least, they’ve asked the board to remand the permit to the health department to “reconsider its determinations.”

Unless the pollution control board intervenes, Memphians worry xAI’s “unlawful conduct risks being repeated and evading review,” with any turbines removed easily brought back with “no notice” to residents if xAI’s exemptions remain in place.

“Nothing is stopping xAI from installing additional unpermitted turbines at any time to meet its widely-publicized demand for additional power,” the appeal said.

NAACP’s director of environmental justice, Abre’ Conner, confirmed in the SELC’s press release that his group and community members “have repeatedly shared concerns that xAI is causing a significant increase in the pollution of the air Memphians breathe.”

“The health department should focus on people’s health—not on maximizing corporate gain,” Conner said.