U.S. Appeals ‘Constructive Denial’ Of Motion To Intervene In NAACP’s XAI CAA Suit

( September 22, 2026, 4:16 PM EDT) -- OXFORD, Miss. — The United States is appealing to the Fifth Circuit U.S. Court of Appeals a Mississippi federal judge’s “constructive denial” of an amended motion to intervene as of right as a plaintiff and dismiss a federal lawsuit filed by the NAACP against xAI Corp. and an energy infrastructure affiliate alleging Clean Air Act (CAA) violations involving the state’s federally approved implementation plan over construction and operation of dozens of gas combustion turbines that power a Memphis, Tenn., data center....

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