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US judge allows NAACP complaint against xAI to proceed

By , based on TechCrunch

US judge allows NAACP complaint against xAI to proceedSenator Stabenow · CC BY 2.0

A US federal judge has refused to dismiss the NAACP's complaint against xAI, accused of operating at least 35 gas turbines without the required permits for its Colossus data centre near Memphis. The case, based in part on the US Clean Air Act, can now proceed, TechCrunch reports.

A US federal judge rejected xAI's request to dismiss the NAACP's complaint over the gas turbines supplying the Colossus data centre near Memphis. The case will therefore proceed, according to TechCrunch.

The NAACP accuses xAI of installing and operating at least 35 turbines and other sources of air pollution without the required permits, in violation of the federal Clean Air Act. The company, owned by SpaceX, argued that the mobile turbines were exempt from permitting requirements and that the plaintiffs lacked standing to sue. Judge Debra M. Brown ruled that the turbines did not fall into the category of mobile sources under Mississippi's implementation plan and that the plaintiffs could proceed with their case.

The judge also rejected the argument that citizen suits provided for under the law would encroach on federal executive powers. Abre’ Connor, the NAACP's director of environmental and climate justice, called the decision another victory in the case. A similar request by the US Department of Justice had been rejected earlier in October, TechCrunch reports.

The lawsuit comes amid growing opposition to data centres in the United States. New York State recently adopted a moratorium on new projects, while other authorities are considering similar measures. Amazon and Microsoft have also promised to stop using non-disclosure agreements in their dealings with government agencies, according to TechCrunch.

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