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Judge rejects Trump’s wild claim EPA can dismiss data center pollution lawsuits

21 October 2026 at 19:20

Elon Musk’s SpaceXAI is stuck facing a lawsuit over alleged data center pollution after Donald Trump failed to convince a judge that his Environmental Protection Agency (EPA) has complete control over all Clean Air Act lawsuits and can dismiss any suit at whim.

Soon after unpermitted gas turbines were discovered powering Musk’s giant Colossus data center in Memphis, Tennessee, the NAACP sued. Its lawsuit sought an injunction requiring xAI (which, following a merger, is known now as SpaceXAI) to use the best available pollution control technology when operating the turbines and ordering penalties up to $124,426 per day per violation. Without such remedies, the turbines risked drastically spiking pollution in already vulnerable neighborhoods housing predominantly Black communities nearby, the NAACP argued.

To block the lawsuit, Trump tried to intervene, arguing that the EPA had the power to unilaterally dismiss lawsuits any time the president decides against enforcing the Clean Air Act. According to Trump, it would supposedly “not serve the public interest” if citizens were allowed to seek massive civil penalties to punish polluting AI firms that were trying to get data centers operational as fast as possible to support Trump’s AI Action Plan.

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AI datacenter capex will far exceed forecast revenue through 2030

Computerworld

16 October 2026 at 17:05

Investors are pouring more into AI data center infrastructure than they can hope to recoup by 2030, according to Gartner.

“Enterprise and consumer AI revenue will be insufficient to support profitable returns on all planned AI capital expenditures during this period,” said Gartner Senior Director Analyst Will Sommer.

AI data center owners would need to generate $8.5 trillion in revenue through 2030 to cover announced capital spending, financing costs and expected investment returns, he said. “However, total enterprise and consumer AI revenue that can be attributed to AI data centers during this period is forecast to reach no more than $3.6 trillion.”

Gartner joins a growing chorus warning that major AI players may be over-committing themselves. Bain and Co. recently made a similar forecast, estimating that annual spending on AI infrastructure could reach $1.5 trillion by 2031 and that the AI services market would need to top $6 trillion annually to pay for it.

This is particularly bad news for neocloud providers, said Gartner. While the hyperscalers are large enough to absorb the financial pressures, the research company suggests that the cost pressure will force more than 80% of neocloud providers to cease independent operations.

The Bain and Gartner surveys don’t cover quite the same ground, but their conclusions are very similar: a lot of AI infrastructure investment is never going to make a return, and companies need to prepare themselves for some degree of financial loss.

This article first appeared on Network World.