DOJ says it might help Musk in lawsuit over AI pollution

By Ariel Wittenberg | 05/18/2026 06:11 AM EDT

The Trump administration told a federal court that it’s considering intervening in a case by the NAACP and Southern Environmental Law Center against the billionaire’s company xAI.

Elon Musk deplanes Air Force One in China on Wednesday with Eric and Lara Trump and administration officials.

Elon Musk deplanes Air Force One in China on Wednesday with Eric and Lara Trump and administration officials. Mark Schiefelbein/AP

The federal government is considering whether to intervene in a lawsuit against Elon Musk’s artificial intelligence company.

The NAACP, Earthjustice and the Southern Environmental Law Center have accused the company, xAI, of operating 27 natural gas turbines without pollution controls or Clean Air Act permits to power the Southaven, Mississippi, data center known as Colossus 2. The groups sued xAI in April and last week asked for a preliminary injunction to stop pollution from the tractor-trailer-sized generators.

Now, the Department of Justice is “evaluating possible intervention or amicus participation in this lawsuit,” citing President Donald Trump’s support for expanding artificial intelligence.

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The case involves “legal and policy questions as to which the United States has a substantial interest, including its priorities with respect to promotion of artificial intelligence infrastructure,” Adam Gustafson, the principal deputy assistant attorney general, wrote in a filing submitted to the U.S. District Court for the Northern District of Mississippi on Wednesday. “It is the policy of the United States to sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security.”

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