Court Tosses Trump’s Clumsy Attempt To Scuttle Musk Memphis Data Center Pollution Lawsuit
Civil rights groups like the Southern Environmental Law Center (SELC) have noted how Elon Musk's Colossus xAI data centers in Memphisdisproportionately pollute the air in minority neighborhoods. Ajoint lawsuitby SELC, Earthjustice, and the NAACP filed last April argued that Musk and friends didn't bother to get the necessary permits to run the 57 gas turbines powering the system.
The lawsuit points out that his Memphis-area data centers are violating the Clean Air Act, funneling all manner of pollutants into minority neighborhoods that already see a disproportionately high number of pollution-caused childhood illnesses:
xAI's power plant in Southaven has the potential to emit more than 1,700 tons of smog-forming nitrogen oxides (NOx) each year. The staggering emissions numbers likely make the facility the largest industrial source of NOx in the greater Memphis area, an area already failing to meet national smog standards. The illegal turbines also have the potential to release up to 180 tons of fine particulate matter, 500 tons of carbon monoxide, and 19 tons of formaldehyde-a toxic, cancer-causing chemical-each year.
The Trump administration had tried to intervene on behalf of their favorite billionaire authoritarian, leveraging the power of the DOJ to claim that holding Musk accountable for violating environmental law would run in contrast to the country's national security interests. The admin also ham-fistedly tried to have the Trump EPA take over the lawsuit as plaintiff and voluntarily dismiss" the case.
Apparently advertising that fact wasn't a particularly smart idea. US District Judge Debra Brown last week issued a ruling stating the US Environmental Protection Agency could intervene in the case but lacks authority under the Clean Air Act to unilaterally terminate the lawsuit after joining it.
The EPA's role as a primary enforcer of the Clean Air Act does not mean that the federal government retains complete control over all Clean Air Act litigation," Judge Brown wrote.
A cornerstone of the Trump administration has been a close collaboration with oligarchs and corporate power to hijack the courts, then obliterate already extremely shaky regulatory autonomy and corporate oversight. While the gambit has been broadly successful, likely culminating in decades of avoidable deaths and suffering, every so often the court system still procedurally balks at Trump's ham-fisted corruption.
The NAACP, along with our partners, is pleased that the Fifth Circuit Court recognized the importance of following Civil Procedure 101," Abre' Conner, NAACP Director of Environmental and Climate Justice, said of the ruling. The DOJ tried an end run to the court of appeals, but its effort did not work in its favor. Our case has always been about holding polluters accountable and making sure that entities follow the law. The court made clear today that the law applies to everyone, including the federal government. We look forward to continuing our fight against pollution in the courtroom."
Musk is facing a different class action lawsuit in Memphis for the massive noise (see this local video) created by his unpopular regional data center operations.