The US Department of Justice has asked a federal court to throw out a Clean Air Act lawsuit against Elon Musk’s xAI, arguing that the company’s unpermitted gas turbines near Memphis are a matter of “national, economic, and energy security.”

The move puts the Trump administration in court alongside Musk to defend dozens of methane-burning turbines that have been running without air permits in one of the most polluted regions of the country.

The Trump administration is trying to help Elon Musk's xAI Corp. beat a Clean Air Act lawsuit filed by the National Association for the Advancement of Colored People (NAACP). The US said the NAACP lawsuit threatens an xAI data center that powers Grok systems needed by the military.

The NAACP sued xAI and subsidiary MZX Tech in April, alleging that they violated the Clean Air Act by operating 27 gas turbines without an air permit in Southaven, Mississippi. The number of unpermitted turbines rose to 57 by mid-May and there were plans to install two more, the NAACP said in a June 12 filing.

"Defendants’ Colossus Gas Plant powers xAI’s nearby Colossus 2 data center, which in turn powers the chatbot 'Grok,'" the lawsuit said. The gas turbines have fueled both health concerns and noise complaints.

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