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Judge Keeps NAACP Suit Over SpaceX Data Center Turbines Alive

Federal court in Mississippi rejected SpaceXAI's motion to dismiss claims that its gas turbines in Southaven violated the Clean Air Act.

By Giulia Marshall ·

Illustration for: Judge Keeps NAACP Suit Over SpaceX Data Center Turbines Alive
Illustration generated for this article, not a news photograph.

SpaceXAI, the artificial intelligence division of Elon Musk's aerospace company, failed to remove an environmental lawsuit from federal court this week. A judge in the U.S. District Court for the Northern District of Mississippi issued an opinion late Friday allowing the case to proceed.

The lawsuit was filed in April 2026 by the Southern Environmental Law Center and Earthjustice on behalf of the NAACP. It alleges that SpaceXAI and its subsidiary MZX Tech violated the federal Clean Air Act. The plaintiffs contend that the company installed and operated 27 gas-fired combustion turbines in Southaven, Mississippi, between August and December 2025 without the required air permit.

According to the complaint, these turbines emit smog-forming pollutants and particulate matter that raise health risks for residents and create strong odors. The Colossus data centers and a related power plant under construction in the region have faced years of community opposition over these environmental impacts.

In a motion filed in June, SpaceXAI lawyers argued that the turbines were mobile sources, a classification that exempts them from state permitting rules under Mississippi's State Implementation Plan. The defense also claimed that the NAACP lacked standing to sue under the Clean Air Act and that the law's citizen suit provision was unconstitutional.

The presiding judge rejected these defenses in the written decision. The ruling states that the plaintiffs possess statutory standing and that the turbines do not qualify as mobile sources under state regulations. The judge further determined that the citizen suit provision does not violate Article II of the Constitution or the private nondelegation doctrine.

This ruling follows a similar decision made approximately two weeks earlier in the same court. In that separate action, the judge denied a request from the Department of Justice to end the case against Musk's company. SpaceX did not immediately respond to a request for comment regarding the latest ruling.

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