NAACP To Sue Elon Musk Company Over Air Pollution
NAACP Says It Will Sue Elon Musk’s AI Company Over Alleged Increased Air Pollution In Memphis’ Black Communities
The NAACP announced Tuesday that it is gearing up to file a lawsuit against Elon Musk over the Tesla CEO’s artificial intelligence company, xAI, because a supercomputer facility owned by the company is located near predominantly Black communities in Memphis, and the NAACP is concerned about the air pollution it might cause.
From the Associated Press:
The xAI data center began operating last year, powered in part by pollution-emitting gas turbines, without first applying for a permit. Officials have said an exemption allowed them to operate for up to 364 days without a permit. But Southern Environmental Law Center attorney Patrick Anderson said at a news conference that there is no such exemption for turbines — and that regardless, it has now been more than 364 days.
A 60-day notice of an intent to sue, a prerequisite to filing a lawsuit under the Clean Air Act, was sent to xAI in a letter. The Southern Environmental Law Center is representing the NAACP in its possible legal challenge against xAI and its permit application, now being considered by the Shelby County Health Department.
You know — and I’m just spitballing here, but — maybe there shouldn’t be legal loopholes that allow big tech companies to pollute the air so long as they don’t do it for more than a year without a permit. (Never mind that the existence of air pollution permits is pretty wild to begin with.)
Of course, xAI denies that its window for turning the air of Black communities toxic without government permission has expired. Not only that, but the company swears it’s actually aiding these communities by creating jobs and increasing tax revenue.
More from AP:
“The temporary power generation units are operating in compliance with all applicable laws,” an xAI statement said.
Musk’s xAI has said the turbines will be equipped with technology to reduce emissions — and that it is already boosting the city’s economy by investing billions of dollars in the supercomputer facility, paying millions in local taxes and creating hundreds of jobs. The company is also spending $35 million to build a power substation and $80 million to build a water recycling plant to support Memphis Light, Gas and Water, the local utility.
The company’s opponents, including the NAACP, disagree, arguing that the supercomputing center is stressing the power grid and the turbines are basically giant smog and carbon dioxide dispensers that are threatening the health of Memphis residents. The Southern Environmental Law Center also agrees that the use of the turbines violates the Clean Air Act. The SELC also noted that “residents who live near the xAI facility already face cancer risks at four times the national average,” AP reported.
The SELC contends that xAI built its facility and its turbines without oversight and without notifying the affected communities. The organization also reported that it hired a firm to fly over the facility and that firm found up to 35 turbines operating there, despite the fact that xAI had only requested to operate 15 turbines.
As for the increased cancer risk to residents who are already more vulnerable, that’s probably true as well. This year, Memphis received an “F” grade for ozone pollution from the American Lung Association, a grade the city has received every year since at least 2019. According to AP, this fact was cited during a public city meeting in April by citizens who oppose the xAI facility.
So, it appears that air pollution experts, the law and the citizens are saying one thing, and xAI is saying something else. Perhaps it will take the NAACP’s lawsuit to sort it all out.
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