The NAACP plans to sue Elon Musk's xAI for air pollution in Memphis.
xAI turbine pollution
The organization has filed a letter of intent to sue ogliarche over pollution caused by the turbines of its xAI artificial intelligence company.
Minority communities affected
The South Memphis-based company's 35 turbines have been in operation since last year. They would affect nearby black and minority communities.
Memphis, one of the "asthma capitals"
According to the Asthma and Allergy Foundation of America, Memphis is one of the cities most affected by asthma in the United States.
The Clean Air Act
According to attorneys at the Southern Environmental Law Center (SELC) who are representing the NAACP's case with the Shelby County Health Department, xAI violates several laws in the Clean Air Act.
The Local County Implementation Plan
Musk's company does not comply with the county's Local Implementation Plan, in particular because of their construction and operation of a major energy source without having obtained a permit.
An incomplete permit application
The permit application filed by the company only takes into account 15 of the 35 turbines that the NAACP and SELC claim to have identified thanks to an overflight of the site with Southwings environmental pilots.
No significant progress with EPA
According to Politico, xAI attempted to obtain a permit from the U.S. Environmental Protection Agency (EPA) at a meeting at the end of May, but no significant progress has been made since.
2,000 tonnes of nitrogen oxides per year
The turbines "have the potential to emit over 2,000 tons of nitrogen oxides (NOx) per year - smog-causing pollutants - as well as many other harmful pollutants, further exacerbating Memphis' poor air quality," reports SELC.
Non-compliance with regulatory limits on pollutants
According to attorneys, xAI's failure to use best available control technologies and to comply with regulatory limits for hazardous air pollutants also violates the County's Local Implementation Plan.