Pollution

US Department of Justice claims NAACP lawsuit threatens ‘national, economic, and energy security’.

The United States government has intervened on the side of Elon Musk’s xAI in a legal dispute over a $20bn data centre, claiming that efforts to block a related power project threaten national security.

In a court motion filed this week, the Department of Justice requested the dismissal of a lawsuit accusing xAI of illegally operating dozens of natural gas turbines erected to power the Colossus 2 data center in Memphis, Tennessee.

The National Association for the Advancement of Colored People (NAACP), the largest civil rights group for African Americans, filed the lawsuit in April under the 1963 Clean Air Act, which allows citizens to seek injunctions and civil penalties against alleged polluters.

The NAACP alleges that xAI built the turbines, located in nearby Southaven, Mississippi, without obtaining the necessary permits, exposing hundreds of thousands of residents to harmful pollutants linked to “increases in asthma, respiratory diseases, heart problems, and certain cancers”.

The lawsuit notes that a “much larger share” of residents are Black compared with the US general population.

In its motion, filed in a US District Court on Monday, the Justice Department accused the NAACP of threatening “national, economic, and energy security by seeking to shut off the power supply for artificial intelligence innovation that supports the Department of War’s military operations”.

The motion also claims that the US Constitution vests the power to seek civil penalties “conclusively and preclusively” in the executive branch, including the “discretion to decide when such an enforcement action is unwarranted or inconsistent with federal enforcement priorities”.

Adam Gustafson, the top prosecutor at the Justice Department’s environment and natural resources division, said in a statement that the government would “not sit idly by while private organisations use environmental laws to undermine our national security”.

xAI, which is a subsidiary of Musk’s SpaceX, did not immediately respond to a request for comment.

Earthjustice, an advocacy group representing the NAACP in the lawsuit, condemned the intervention as a “massive power grab” by President Donald Trump’s administration.

“Trump’s Justice Department wants to shield Elon Musk’s data center company, xAI, from being held accountable for its illegal pollution – and it’s attempting to grab power from impacted communities, the courts, and Congress to do so,” Laura Thoms, director of enforcement for Earthjustice, said in a statement.

“There is no moral or legal precedent for this.”

Ann Carlson, a professor of environmental law at  UCLA School of Law, described the Trump administration’s argument as a “brazen attempt” to limit enforcement of the Clean Air Act.

“It’s based on a radical notion that the executive branch can dismiss lawsuits brought by citizen groups that Congress has authorised based on no rationale at all,” Carlson told Al Jazeera, adding that the Justice Department’s position would let “polluters off the hook even for blatant violations of the law.”

“This motion is also just one of many ways in which the administration is undermining efforts to protect air quality,” Carlson said.

The Trump administration has cultivated close ties with Musk, the world’s richest man, tapping the tech titan as a temporary cost-cutting tsar and using xAI’s flagship model Grok in the Pentagon’s drive to become an “AI-enabled fighting force”.

In testimony in support of Monday’s motion, Cameron Stanley, the Pentagon’s top official for AI, said that Grok had been used to launch more than 2,000 munitions at 2,000 targets within the first 96 hours of the US-Israel war on Iran.

If Grok cannot be deployed and upgraded due to “limitations in energy supply or limited reserve compute capability”, numerous tools used by the Pentagon would be “severely impacted”, Stanley said in a declaration made under oath.

April 22 (UPI) — More than 152 million people in the United States – about 44%– live in areas that have unhealthy levels of ozone or particle pollution, the American Lung Association said in the 2026 State of the Air report released Wednesday.

The report also noted that 44.6% of U.S. children live in counties that have failing grades for at least one measure of air pollution,while 10% of children live in counties with failing grades in all three measures. These measures include ground-level ozone (smog) and both short-term and year-round particle pollution (soot).

“Infants, children and teens are especially vulnerable to the health harms of breathing pollution,” the report said. “Their lungs are still developing, they breathe more air for their body size than adults and they frequently spend more time outdoors.”

The report showed that trends from last year’s edition continued and often grew worse, including extreme heat in many places that affected ozone levels and wildfires in Canada that affected ozone and particle pollution.

“Clean air is not something we can take for granted,” American Lung Association President Harold Wimmer said in announcing the report, the Washington Post reported. “For decades, people in the U.S. have breathed cleaner air thanks to the Clean Air Act. Unfortunately, that process is now at risk due to extreme heat and wildfires, fueled by climate change, and policy changes that are making the problem worse.”

The Clean Air Act became effective in 1963. This is the 27th edition of the State of the Air report, which was first released in 2000. The report has reflected the act’s successes over the years, but over the past decade, also the challenges of the changing climate, the American Lung Association said.

“Increases in high ozone days and spikes in particle pollution related to extreme heat, drought and wildfires are putting millions of people at risk and adding challenges to the work that states and cities are doing across the nation to clean up air pollution,” the report said.

The authors of the State of the Air report noted that levels of unhealthy air vary widely across the country and that people of color disproportionately live in areas with poor scores. A person of color is 2.42 times as likely as a white person to live in an area with poor scores for all three air pollution measures.

For the seventh year in a row, Bakersfield, Calif., was the metropolitan area with the worst level of year-round particle pollution. Fairbanks, Ala., moved to the worst spot for short-term particle pollution. Los Angeles remained the metropolitan area with the worst ozone pollution. It’s held that spot for 26 years of the report’s 27-year history.

Only one city – Bangor, Maine – had good marks in all three measures.

In county rankings, San Bernardino in California had the highest level of ozone pollution; the five worst counties in the country in this measure were all in California. In short-term particle pollution, Fairbanks North Star Borough in Alaska was ranked as the worst. In long-term particle pollution, Kern County in California held that spot.

Twenty counties throughout the United States had failing grades for all three measures of air pollution: Maricopa in Arizona; Fresno, Imperial, Kern, Kings, Los Angeles, Merced, Riverside, San Bernardino, Stanislaus and Tulare in California; Lake and Marion in Indiana; Wayne County in Michigan; Butler and Cuyahoga in Ohio; Allegheny, Dauphin and Philadelphia in Pennsylvania; and Bexar County in Texas.