The DOJ filed a motion to dismiss the NAACP's lawsuit against xAI on June 13, 2026. The government argues that shutting down unpermitted gas turbines at the Colossus 2 data center would threaten national security because the site runs the grok-gov" class="entity-chip">Grok Gov AI model for mission-critical operations.
Key facts
- DOJ filed dismissal motion on June 13, 2026
- Grok Gov runs at Colossus 2 data center
- NAACP sued over unpermitted gas turbines
- Second U.S. government AI model intervention in June 2026
The U.S. Department of Justice has asked a federal court to dismiss a lawsuit filed by the NAACP against Elon Musk's xAI, arguing that the unpermitted gas turbines powering the Colossus 2 data center are essential to national security. According to the Tom's Hardware report, the DOJ stated that the Grok Gov model running at Colossus 2 'supports mission-critical operations' and that a shutdown 'directly threatens ongoing national security interests.'
The NAACP originally sued xAI over the use of gas turbines without required environmental permits at the Colossus 2 facility. The lawsuit alleged that the turbines violated clean air regulations and posed health risks to nearby communities. The DOJ's intervention marks a rare invocation of national security to shield a private AI company from environmental litigation.
This is the second time in June 2026 the U.S. government has intervened in AI model operations. On June 13, the government ordered Anthropic to shut down its strongest Claude models via export controls [per our prior reporting](slug: us-govt-orders-anthropic-to-shut). The contrast is stark: the government restricts one company's AI capabilities while defending another's right to operate without permits.
National Security vs. Environmental Regulation
The DOJ's motion does not dispute that the turbines lacked permits. Instead, it argues that the national security interest in maintaining Grok Gov's operations outweighs environmental concerns. The filing does not specify which federal agency relies on Grok Gov or what mission-critical operations it supports.
xAI has been rapidly expanding its compute infrastructure. On June 6, the company pivoted Colossus to rental compute, targeting 30%+ margins as a neo-hyperscaler [per our prior reporting](slug: xai-pivots-colossus-cluster-to-rental). The gas turbines are part of that infrastructure buildout, providing power for training and inference workloads.
Implications for AI Regulation
The case sets a precedent: if the court sides with the DOJ, it could allow AI companies to bypass environmental regulations by claiming national security relevance. The NAACP has not yet responded to the DOJ's motion. The court is expected to rule on the dismissal request within 60 days.
What to watch
Watch for the court's ruling on the DOJ's dismissal motion, expected within 60 days. If denied, discovery could reveal which federal agency uses Grok Gov and what mission-critical operations it supports. Also track whether the EPA or state regulators independently pursue enforcement actions.
Source: tomshardware.com
