Judge Brown Denies X.AI Corp. and MZX Tech Motion to Dismiss NAACP Clean Air Act Suit Over Southaven Gas Plant

On 10/30/26, U.S. District Judge Debra M. Brown denied the motion to dismiss filed by X.AI Corp. and MZX Tech LLC in the NAACP’s Clean Air Act suit over the Colossus Gas Plant in Southaven, DeSoto County, Mississippi. The defendants had moved to dismiss on June 15, 2026, arguing the plant is exempted from permitting requirements under the mobile source exception in Mississippi’s State Implementation Plan and that the citizen suit provision is unconstitutional. The opinion holds that the combustion turbines are not “mobile sources,” that the citizen suit provision “does not violate Article II of the Constitution,” and that “the plaintiffs’ claims will not be dismissed” on that ground. The complaint seeks a civil penalty of up to $124,426 per day per violation.