xAI continues to face backlash over its Memphis data center, as the NAACP joined groups today appealing the issuance of a recently granted permit that the groups say will allow xAI to introduce major new sources of pollutants without warning at any time.

The battle over the gas turbines powering xAI’s data center began last April when thermal imaging seemed to show that the firm was lying about dozens of seemingly operational turbines that could be a major source of smog-causing pollution. By June, the NAACP got involved, notifying the Shelby County Health Department (SCHD) of its intent to sue xAI to force Elon Musk’s AI company to engage with community members in historically Black neighborhoods who are believed to be most affected by the pollution risks.

But the NAACP’s letter seemingly did nothing to stop the SCHD from granting the permits two weeks later on July 2, as well as exemptions that xAI does not appear to qualify for, the appeal noted. Now, the NAACP—alongside environmental justice groups; the Southern Environmental Law Center (SELC); and Young, Gifted and Green—is appealing. The groups are hoping the Memphis and Shelby County Air Pollution Control Board will revoke the permit and block the exemptions, agreeing that the SCHD’s decisions were fatally flawed, violating the Clean Air Act and local laws.

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