xAI is “disheartened” but “not surprised” by the appeal filed by Southern Environmental Law Center’s (SELC) regarding their construction permit.
“SELC’s baseless, politically driven appeal is riddled with factual inaccuracies, legal fiction and most importantly, undermines the diligent and important work done by the County leaders in properly issuing the Construction Permit.
On Tuesday, the Southern Environmental Law Center (SELC) filed the appeal with the Memphis and Shelby County Air Pollution Control Board on behalf of the National Association for the Advancement of Colored People (NAACP) and Young, Gifted, and Green.
SELC’s appeal claims the Shelby County Health Department’s (SCHD) decision violates the Clean Air Act and ignores “hundreds of comments opposing the draft permit.”
The filing specifically asks the Memphis and Shelby County Air Pollution Control Board to exclude large gas turbines from the nonroad exemption.
xAI and the Greater Memphis Chamber have stressed a “fact over fiction” message when responding to concerns raised by environmental advocacy groups.
The company released the following statement in response to SELC’s appeal
“At xAI we believe facts matter.The truth is that the 15 permanent turbines subject to the properly issued Construction Permit would make the Electrolux facility the lowest emitting facility of its type in the United States. Despite this, SELC seeks to appeal the properly issued Construction Permit that enables us to achieve this remarkable milestone. Here is another important fact: all of the temporary turbines at Electrolux have already been decommissioned and the only turbines operating are the ones allowed under the properly issued Construction Permit.
During the public comment response period, SCHD responded to SELC’s concerns in the name of environmental justice and impact on Southwest Memphis, with the following:
“No legal basis exists for denying or altering an otherwise lawful air construction permit on the basis of cumulative impacts on environmental justice concerns. Additionally, the permit application included an extensive evaluation of environmental justice.”
As xAI promised to continue to comply with local and federal laws in the wake of the filing, state leaders believe this appeal is a step in the right direction for the community.
State Rep. Justin J. Pearson (D-Memphis) called the action “extraordinary and necessary,” and called for SCHD to “protect the health and well-being of the community.”
“The Shelby County Air Pollution Control Board must revoke xAI’s air permit and take immediate steps to ensure xAI and other major polluters comply with the Clean Air Act,” Pearson said. “The SCHD must also commit to issuing permits that reflect the full scope and impact of industrial activity in our communities. “
