The EPA announced it is terminating its long-running program to create methods for measuring air emissions from concentrated animal feeding operations (CAFOs), effectively ending any path toward enforcing Clean Air Act rules on these facilities. The move follows a two-decade-old arrangement, the Air Consent Agreement, under which CAFOs were shielded from legal action while an industry-funded study on emissions measurement was supposed to be completed.
arstechnica.com
· 2026-11-03
A federal judge denied SpaceX's motion to dismiss a lawsuit brought by the NAACP over gas turbines powering xAI's Colossus 2 data center in Southaven, Mississippi. The court rejected xAI's claim that the 27 turbines qualify as exempt 'mobile sources,' ruling they remain subject to Clean Air Act permitting requirements. The NAACP, represented by the Southern Environmental Law Center and Earthjustice, alleges the turbines were installed without proper permits and emit harmful pollutants.
tomshardware.com
· 2026-11-02
A federal judge, Debra M. Brown, rejected xAI's motion to dismiss a lawsuit from the NAACP accusing the company of operating unpermitted methane gas turbines at its Memphis data center campus in violation of the Clean Air Act. xAI had argued the turbines were exempt because they were mobile, but Brown ruled the power plant supplying the data center is stationary and thus subject to permitting rules. The NAACP filed suit in April, and xAI has since added more turbines at a nearby site in Southaven, Mississippi.
engadget.com
· 2026-11-01
A federal judge ruled that the NAACP's lawsuit against xAI can proceed, denying the company's motion to dismiss claims it operated gas turbines at its Memphis-area Colossus data center without required air permits. Judge Debra M. Brown rejected xAI's arguments that the turbines qualify as exempt mobile sources and that the plaintiffs lack standing, also upholding the constitutionality of citizen suits under the Clean Air Act.
techcrunch.com
· 2026-10-31
A federal judge in Mississippi denied SpaceXAI's motion to dismiss a lawsuit from the NAACP alleging the company operated 27 gas turbines in Southaven without an air permit between August and December 2025. The suit, filed by the Southern Environmental Law Center and Earthjustice, says the turbines powering SpaceXAI's Colossus data centers near Memphis emitted pollutants that endanger nearby residents' health.
cnbc.com
· 2026-10-31
US District Judge Debra Brown ruled that the Clean Air Act gives the EPA no authority to unilaterally dismiss citizen lawsuits, rejecting an attempt by the Trump administration to intervene on behalf of Musk's SpaceXAI. The NAACP's suit, filed after unpermitted gas turbines were found powering the Colossus data center in Memphis, seeks an injunction requiring pollution controls and penalties of up to $124,426 per day per violation.
arstechnica.com
· 2026-10-21
A coalition including the American Lung Association, American Public Health Association, Clean Air Council, Clean Wisconsin, Environmental Defense Fund and NRDC has filed a petition asking the DC Circuit Court of Appeals to review the EPA's recent repeal of climate rules for power plants. The groups argue the repeal violates the Clean Air Act and could lead to thousands of preventable deaths by leaving the largest industrial source of climate pollution unregulated.
arstechnica.com
· 2026-09-17
The EPA finalized a rule dismantling most of the 2024 Carbon Pollution Standards for power plants, claiming the Clean Air Act doesn't authorize requiring pollution control technology it deems unproven. The agency also proposed eliminating all remaining greenhouse gas emissions requirements for power plants, asserting their emissions have no meaningful climate impact.
arstechnica.com
· 2026-09-15
The EPA is seeking to rescind a Biden-era rule requiring power plants to cut most greenhouse gas emissions by 2039 or shut down. It is also arguing that the agency lacks authority under the Clean Air Act to regulate such emissions, claiming without scientific support that they pose no threat to public health or the environment.
engadget.com
· 2026-09-14
The EPA issued guidance stating that the Clean Air Act's Acid Rain Program does not apply to 'islanded' power generation facilities—those not connected to the public electricity grid. The move is aimed at making it easier for companies to build dedicated power plants for data centers without triggering certain federal pollution compliance requirements tied to grid-connected generation.
epa.gov
· 2026-08-28
The EPA has proposed amending the 1970 Clean Air Act to remove the 30-day public comment window required before construction begins on facilities classified as 'minor sources' of industrial pollution. The change would allow projects, including many AI data centers, to move forward with less advance public scrutiny.
gizmodo.com
· 2026-08-25
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