A battle over air quality between Musk's xAI and the citizens of Memphis now looks to be heading towards the courts

It can be all too easy to think about the environmental impact of AI in the abstract—especially when OpenAI CEO Sam Altman attempts to minimise ChatGPT's water usage by throwing fractions out. However, for the citizens of Memphis, Tennessee, it's a subject that hits so close to home that it simply can't be ignored.

The NAACP notified xAI on Tuesday of their intent to sue, alleging that the company's operation of their Colossus data centre has violated the Clean Air Act (via Ars Technica). In a letter addressed to Elon Musk, among others, legal representatives from the Southern Environmental Law Center urged xAI to come to the table to discuss "effective remedies for the violations noted" or to otherwise pursue "negotiations in the absence of litigation" within 20 days of the notice being served.

This is in the hopes that these remedies could be implemented before the full notice period runs out. Otherwise, the organisation will file its lawsuit once the full 60-day notice period has elapsed.

Besides Musk selling X to xAI back in March, the company turned on Colossus—the data centre powering the Grok language model—last year, after an intense three-month build. Located in South Memphis, the data center has raised environmental concerns from the start. To meet Colussus' appetite for guzzling between 50 and 150 MW of power, xAI installed a number of methane-burning gas turbines that now sit at the heart of the NAACP's legal challenge.

The letter reads, "Over the past year, xAI has installed and operated at least 35 combustion turbines and other sources of air pollution at the Colossus site without ever obtaining the necessary preconstruction or operating air permits, actions which have resulted in numerous and significant violations of the Clean Air Act, as set forth herein. These turbines have the potential to emit more than 2,000 tons of smog-forming nitrogen oxides (“NOx”) per year and numerous other harmful pollutants, worsening Memphis’ already poor air quality."

It is also alleged that xAI has not engaged in transparent communication with the local community—for instance, the total number of in-use turbines was only confirmed via aerial thermal imaging. In a news post, the Southern Environmental Law Center also alleges, "These turbines emit dangerous chemicals like formaldehyde and smog-forming pollution. These pollutants can cause increased rates of asthma, heart disease, and cancer."

As detailed at great length in the NAACP's legal notice, it's possible these turbines are subject to some sort of permit exemption due to their non-traditional use.

It's acknowledged in the letter that the Clean Air Act does allow "for some portable internal combustion engines known as 'nonroad engine[s]' to escape permitting requirements if they are operated at a given site for less than a year and meet certain other requirements." However, it's also argued that the Colossus turbines would not be subject to this exemption due in part to their size and how long they are believed to have already been in use.

Though it remains to be seen how xAI will respond to this notice of intent to sue—if at all, over the next two months—it is known that the company is already planning to build a second data centre in Memphis. According to the Southern Environmental Law Center, this second site will also leverage the use of methane gas turbines to meet power demands.