Court Rejects Government's Authority to Unilaterally Dismiss Citizen Suits in X.AI Data Center Case
A district court has rejected the U.S. government's motion to unilaterally dismiss a citizen suit filed by the National Association for the Advancement of Colored People (NAACP) against X.AI and MZX Tech, LLC. The lawsuit alleges that the MZX Colossus Gas Plant in Southaven, Mississippi, which powers an X.AI data center, is operating in violation of the Clean Air Act by using portable gas turbines without required stationary source permits. The government intervened in the case, arguing that its right to intervene under the Clean Air Act includes the power to dismiss citizen suits, citing enforcement discretion and Article II of the U.S. Constitution. However, the court ruled that the Clean Air Act's text does not grant the government unilateral dismissal power, emphasizing the statute's provisions for citizen participation and diligent prosecution. Additionally, the court rejected X.AI's argument that its turbines are 'mobile sources' exempt from permitting, stating that the relevant regulations define 'm...
