The National Association for the Advancement of Colored People (NAACP) filed a preliminary injunction aimed at stopping what they describe as air pollution from an xAI power plant.

A preliminary injunction filed on May 6 alleges xAI is operating without the required Clean Air Act permits. It also states that a Southaven, Mississippi-based facility supplies electricity for xAI's Colossus 2 data center in Memphis.

Benzinga contacted xAI and the NAACP for comment.

NAACP: ‘We Put These Companies On Notice’

This follows the lawsuit filed last month by the NAACP in Mississippi. The organization claims that unpermitted gas turbines are sending harmful emissions through the Memphis area.

The NAACP also named MZX Tech, an xAI subsidiary, in the lawsuit. The organization warned both companies in February that a fleet of 27 gas turbines violated federal requirements. Six more turbines were later added at the site, bringing the total to 33.

“We put these companies on notice that their toxic air pollution is both dangerous and illegal. Rather than stop, they’ve added more turbines capable of inflicting even more harm to the surrounding communities,” says Laura Thoms, the director of enforcement for Earthjustice. “We’re asking the judge to halt all unpermitted pollution and make sure xAI follows the law to protect people put at risk by their illegal operations.”

Those additional units are large enough on their own to trigger permitting obligations under the Clean Air Act. The filing argues the site sits near residential areas and community institutions, raising health concerns for families in North Mississippi and the Memphis area.

“The urgency of ensuring that our communities’ health and environment are protected is clear,” said Abre’ Conner, NAACP Director of Environmental and Climate Justice, said in a press statement. “By expanding an unpermitted power plant despite decades of clear direction for permitting, xAI is showing a blatant disregard for the law. xAI was already violating the law then showed no remorse by adding six more turbines that further exacerbates the health risks facing families in North Mississippi and the Greater Memphis region. We will not stand by and idly watch as the Clean Air Act is ignored. We will continue to fight to ensure all polluters, including billionaires, understand that the law is not to be treated as a suggestion while local communities bear the consequences.”

The court filing cites potential annual emissions that include:

• 2,508 tons of nitrogen oxides
• 236 tons of fine particulate matter
• 837 tons of carbon monoxide, and
• 25 tons of formaldehyde.

Toxic emissions from gas turbines can include nitrogen oxides, fine particulate matter, and hazardous compounds such as formaldehyde. These pollutants can often be linked to asthma, other respiratory illnesses, cardiovascular problems, and certain cancers.

The American Lung Association gave DeSoto County, Mississippi, and Shelby County, Tennessee, an "F" grade for ozone pollution in 2026. The Colossus Gas Plant is the culprit for that score, the lawsuit says.

The NAACP's motion asks the court for emergency relief to pause the alleged unpermitted pollution while the case proceeds.

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