MEMPHIS, Tenn. — The Southern Environmental Law Center, on behalf of the local NAACP, announced Tuesday that they intend to file a lawsuit against Elon Musk’s xAI for alleged violations of the Clean Air Act.

Patrick Anderson with SELC said notification of the pending lawsuit has been sent.

The fight is over power-generating gas turbines operating at xAI’s supercomputer facility in southwest Memphis, which environmental groups allege could cause health problems for residents near the facility. 

Anderson said that while local leaders have cited a 364-day exemption for operating turbines before a permit is needed, he says there is no such exemption. He also alleged that, while xAI has removed some turbines, other larger ones have been added. He said this was discovered through satellite imagery.

“Memphis deserves honesty, Memphis deserves transparency, and most of all, Memphis deserves clean air,” Anderson said.

“For the last year, these turbines have been pumping hazardous and smog-forming pollution into the air in South Memphis,” said Anderson. “A community already overburdened with industrial pollution. These pollutants can cause increased rates of asthma, heart disease, respiratory disease, and cancer.”

Kermit Moore, president of the NAACP Memphis branch, alleged that the turbines at xAI were likely emitting more pollution than a nearby Valero gas refinery and the Memphis airport.

“South and Southwest Memphis have long been the dumping ground for corporations,” Moore said.

“Our health is more important than a few dollars returning to our community,” said Moore.

State Rep. Justin J. Pearson said cameras show a formation of potential smog from nitrogen oxides and other emissions hovering over southwest Memphis. He said the smog could lead to higher rates of asthma, coughing, throat irritation and other health-related problems.

Pearson says the 38109 Zip code in Memphis has a cancer rate four times above the national average, as xAI plans to open more sites in and around Shelby County.

“There is not a person, no matter how wealthy or how powerful, that can deny the fact that everybody has the right to breathe clean air,” he said. “Now is the time to stand on the side of the people.”

“These artificial barriers that we have, that we created called state lines and county lines,” said Charles Taylor, NAACP Mississippi Conference. “They don’t exist when it comes to the air. Ultimately, everyone needs clean air.”

“In time, I think this time next year we won’t be talking about gas turbines.  We won’t be talking about these gas turbines polluting the air. I think we will be talking about the things some of us are talking about right now. How do we get the young people prepared for the jobs this tech industry is creating,” said Bobby White, Memphis Area Chamber of Commerce.

The Greater Memphis Chamber maintains that not all 35 turbines were active for xAI, and says the current temporary turbines are 10 parts per million in terms of emissions, which is below regulations.

Mayor Paul Young has defended Elon Musk’s artificial intelligence facility, saying many of the claims made against the company were not supported by facts, and that tax revenues from the project would be reinvested in the community.

“I think that there’s been a lot claims and accusations made without being rooted in fact,” Young said. “I think it’s really important to balance the conversation.”

This 60-day notice of intent to sue is required under the Clean Air Act. xAI has 60 days to respond, or the lawsuit will go forward.

This story will be updated.