U.S. Department of Justice assists Musk: Requests judge to dismiss lawsuit against xAI on national security grounds

According to CNBC, as SpaceX stocks surged dramatically in their first three trading days before going public, Elon Musk's company also received support from the U.S. Department of Justice. The Department of Justice has requested a federal court in Mississippi to dismiss the pollution lawsuit filed by the National Association for the Advancement of Colored People (NAACP) against xAI.

The NAACP filed this lawsuit in April this year, accusing SpaceX's AI company xAI of violating the federal Clean Air Act by using dozens of methane-burning turbines to power its AI data centers without securing the appropriate permits or implementing pollution control measures. These turbines emit pollutants and particulates that form smog, potentially increasing health risks and causing unpleasant odors. The NAACP recently applied to the court for an injunction to prohibit xAI from using these turbines before the judge rules on the case.

For over a year, SpaceX's Colossus 1 and Colossus 2 data centers in and around Memphis, Tennessee, along with the supporting power plants for these facilities, have been under protest due to issues such as air pollution, electricity consumption, water usage, and the noise around the facilities.

According to a motion filed on June 15th by the Environment and Natural Resources Division of the U.S. Department of Justice, DOJ attorneys accused the NAACP of threatening "U.S. national, economic, and energy security" by attempting to cut off the electricity supply supporting AI innovation, since these AI innovations also support the U.S. Department of War’s military operations.

The DOJ documents cited Cameron Stanley, head of AI at the Department of War, stating that Grok’s continued availability is “a matter of the highest level of national security.” The DOJ noted that, during the Iran war, the military version of Grok under xAI “enabled the U.S. military to deliver more than 2,000 munitions to 2,000 different targets within 96 hours, demonstrating the significant operational efficiency improvements brought by the Grok Gov model.”

Earth Justice, one of the law firms representing the NAACP, said in an email statement to CNBC, “The DOJ wants to give itself veto power over citizen lawsuits, which have been a key legal tool for over 50 years to protect communities from illegal pollution.”

SpaceX has not yet commented on this matter.