The National Association for the Advancement of Colored People (NAACP) on Tuesday sent a letter to billionaire Elon Musk and xAI, notifying their intent to sue the company over air pollution caused by the artificial intelligence startup’s data center in Memphis.

In a letter sent by the Southern Environmental Law Center (SELC) on behalf of the NAACP, it is claimed that xAI violated federal law by using methane gas turbines at its data center in South Memphis without obtaining permits or applying the "best available" pollution control measures.

Data centers providing computational power for artificial intelligence are highly energy-intensive and require round-the-clock electricity. Due to slow adoption of clean energy, growing demand is met by fossil fuels, particularly natural gas and coal.

Methane emissions from human activities such as oil and gas extraction, power generation, and agriculture, while short-lived in the atmosphere, are often a more potent greenhouse gas than carbon dioxide.

Emissions from xAI’s data center further worsen already poor air quality in Memphis, SELC stated.

"These turbines emit pollution that threatens the health of Memphis families. This notice paves the way for a lawsuit that could hold xAI accountable for illegally refusing to obtain permits for gas turbine construction," said SELC senior attorney Patrick Anderson.

"We take our commitments to the community and the environment seriously. Temporary power units operate in accordance with all applicable laws," xAI spokesperson told Reuters.

The company installed 35 turbines, nearly all of which were operating without necessary permits as of April, SELC reported.

SELC added that although xAI dismantled some smaller turbines, the company recently installed three larger ones.