The Daily Fuckup

The Justice Department filed a motion on June 16 asking a federal court in Mississippi for permission to intervene in a Clean Air Act lawsuit over xAI’s Southaven data center site and then dismiss the case. The suit, brought by the NAACP, the NAACP Mississippi State Conference and environmental groups, alleges that gas turbines at the site were installed and operated without the permits required under federal law.

In its filing, the department said the dispute involves a major AI facility and argued that the work supports economic growth, energy reliability and national security. It also said Mississippi, which runs the permitting program, had determined no permit was required. That is the government’s position in the case, not a ruling on the merits, and the plaintiffs’ claims are still pending.

The motion would put the federal government on the same side as the defendants if a judge allows intervention. If granted, it could lead to dismissal before the court reaches the merits, but that outcome is not certain. For now, no court has ruled on the intervention request or on the separate bid to throw out the lawsuit.

The underlying fight remains over whether xAI needed air permits for the turbines at the Southaven site and whether their operation violated the Clean Air Act. The case continues unless and until the judge acts on the Justice Department’s motion.