NAACP Threatens Lawsuit Against Elon Musk's xAI Over Alleged Pollution

Civil rights group cites health concerns and Clean Air Act violations from gas turbines at xAI data centers in Mississippi and Tennessee.

Published on Feb. 15, 2026

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The National Association for the Advancement of Colored People (NAACP) has issued a threat to sue Elon Musk's artificial intelligence company xAI over allegations that its gas turbines are causing harmful pollution in Mississippi and Tennessee. The NAACP claims the turbines near xAI's data centers are releasing pollutants like nitrogen oxides, particulate matter, and formaldehyde, leading to health issues like asthma. The Southern Environmental Law Center and Earthjustice have sent a notice of intent to sue xAI for violating the Clean Air Act.

Why it matters

This legal action highlights growing concerns over the environmental impact of data centers, especially those operated by high-profile tech companies. The NAACP is taking a stand against what it sees as xAI prioritizing profits over the health of surrounding communities, many of which are predominantly minority. The outcome of this case could set a precedent for how data centers must address their emissions and pollution in the future.

The details

According to the NAACP, the gas turbines installed near xAI's Colossus 2 data center in Southaven, Mississippi are releasing harmful pollutants that are causing health issues like asthma and respiratory illnesses in the surrounding communities, particularly in the neighboring city of Memphis, Tennessee. The civil rights group has accused xAI of violating the Clean Air Act, and legal notices have been sent to state and federal officials.

  • The NAACP issued its threat to sue xAI on February 15, 2026.

The players

NAACP

The National Association for the Advancement of Colored People, a prominent civil rights organization that has historically advocated for racial justice and equality.

xAI

Elon Musk's artificial intelligence company, which operates data centers in the southern United States.

Abre' Conner

The NAACP's Environmental and Climate Justice Director, who issued a statement condemning xAI's alleged pollution.

Southern Environmental Law Center

A nonprofit law firm that has partnered with Earthjustice to send the notice of intent to sue xAI for Clean Air Act violations.

Earthjustice

A nonprofit environmental law organization that has joined the Southern Environmental Law Center in the legal action against xAI.

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What they’re saying

“Our communities are not playgrounds for corporations who are chasing profit over people. xAI's first data center is already creating pollution for Mississippi's neighbors in Memphis — a community already suffering from decades of disparity — and now they are polluting in Southaven, Mississippi.”

— Abre' Conner, NAACP Environmental and Climate Justice Director (Benzinga)

What’s next

The judge will decide whether to allow the NAACP's lawsuit against xAI to proceed in the coming weeks.

The takeaway

This case highlights the growing tension between the tech industry's need for data centers and the environmental impact those facilities can have on surrounding communities, particularly in areas with existing disparities. The outcome of the NAACP's legal action could set an important precedent for how data centers must address their emissions and pollution in the future.