SpaceX has suffered a setback after losing in a lawsuit aimed at stopping the Clean Air Act requirements on the turbines powering xAI’s Colossus 2 data center in Southaven, Mississippi. According to a report by CNBC, a judge rejected the company’s motion to dismiss the case on Friday, October 30, allowing the National Association for the Advancement of Colored People (NAACP) to proceed, rejecting xAI’s argument that its turbines fall under the ‘mobile sources’ category that exempts it from air permitting requirements.

The case, brought in April 2026 by the NAACP and represented by the Southern Environmental Law Center (SELC) alongside Earthjustice, targets xAI’s operation of a gas-fired power plant to supply electricity to its facility in the Greater Memphis area. SpaceX owns and operates xAI, implicating Elon Musk's wider aerospace and technology company.

According to court documents, NACCP accuses xAI and its subsidiary, MZX Tech, of installing 27 gas turbines in Southaven last year without obtaining the required permits. The applicants also argued that the company’s equipment has been polluting the environment through nitrogen oxide emissions and fine particulate matter, which can contribute to breath-related hazards to residents. The SELC particularly says the plant could emit over 5,00 tons of nitrogen oxides, 400 tons of fine particulate matter, and 47 tons of formaldehyde — a cancer-causing chemical — annually.

The judge also rejected xAI’s attempted classification of the turbines as mobile equipment, holding that the company did not qualify for exemptions under applicable regulations and that the turbines were not exempt from Clean Air Act permitting requirements.

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