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The NAACP alleged that x AI and a subsidiary company built and operated 27 natural gas‑fired turbines in Southaven, Mississippi, without the required Clean Air Act permits. The turbines supplied power to x AI’s nearby Colossus 2 data center. The plant released harmful pollutants, such as nitrogen oxides and formaldehyde, which can increase rates of asthma, respiratory diseases, heart problems, and certain cancers.%%

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Had x AI applied for a permit under the Clean Air Act, the EPA would have required the company to use the best available technology to reduce those emissions. But x AI never applied to the EPA for a permit. In June 2026, the US Department of Justice asked the judge to dismiss the case, arguing that citizen suits cannot proceed when the federal government does not oppose the polluting behavior.%%

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The Justice Department cited two executive orders signed by President Donald Trump within days of the start of his second term—one declaring a “national energy emergency” and the other supporting “American leadership in artificial intelligence.” It claimed the NAACP lawsuit threatens “artificial intelligence innovation” and national security, and that citizen suits should be allowed only when the government fails to enforce the statute, not when the executive branch has decided enforcement is contrary "-%%

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This is the first time the Justice Department has taken this position in court. Defendants and judges have questioned the constitutionality of citizen suits in the past. Critics, including the Trump administration, view them as a way for citizens to usurp the executive branch’s prosecutorial authority, while supporters say they allow regular people to enforce environmental laws when governmental efforts fall short.