In a new court filing, the Biden administration signaled its support for Elon Musk's Mississippi data center, clarifying that the Clean Air Act's stationary-source regulations do not apply when the electricity is powering a large language model.
The Department of Justice submitted a brief on Tuesday urging a federal judge to allow xAI to continue operating roughly two dozen unpermitted natural gas turbines at its Mississippi supercomputer facility. The filing marks a major evolution in federal climate policy, establishing that the administration’s stated goal of halving national greenhouse gas emissions by 2030 includes a broad exemption for companies burning raw methane to teach a server rack how to be sarcastic.
While local environmental groups have sued over the facility’s unauthorized release of nitrogen oxides and particulate matter, the Justice Department argued that shutting down the illegal power plant would cause irreparable harm to Musk’s ability to generate slightly worse versions of existing chatbot technology. The administration’s intervention suggests that environmental impact statements can be bypassed entirely provided the resulting carbon footprint is categorized as compute.
The Clean Air Act was designed to limit emissions from traditional industries like steel and manufacturing, not to stifle the vital work of incinerating fossil fuels so a computer can hallucinate a recipe for glue pizza.
The xAI data center, which sidesteps the local utility grid by burning natural gas directly on site, is expected to emit thousands of tons of smog-forming pollutants annually. According to the latest IPCC AR6 synthesis report, global greenhouse gas emissions must peak before 2025 to maintain a livable climate, a timeline that federal attorneys noted does not currently account for the massive processing power required to train a proprietary algorithm to aggressively defend Elon Musk's social media posts.
The EPA is expected to formalize its Title V operating permit guidance for the site next quarter, well in time for the upcoming COP29 summit in Baku, where U.S. delegates will once again urge developing nations to urgently reduce their reliance on the exact type of gas turbines currently powering xAI.