The “Happy FrAIday” Edition
About this episode
The episode discusses significant AI-related news, including a lawsuit against Elon Musk's xAI and its implications for environmental law and citizen enforcement.
This week, Scott sat down with his Lawfare colleagues Kevin Frazier, Roger Parloff, and Molly Roberts to talk through some of the week’s big news in AI, including: “Citizen Cain’t.” When the NAACP sued Elon Musk’s xAI under the Clean Air Act—alleging that the company built dozens of gas-fired turbines to power a data center in Mississippi without relevant air permits and exposing nearby, predominantly Black communities to harmful pollution—the Justice Department opted to do something it has never done before: it intervened in a citizen suit against a private company in order to kill it. DOJ’s motion offers two theories: first, that shutting down the turbines would threaten national security because the military relies on xAI’s Grok Gov model (including in relation to the Iran war) to secure the nation, and second, that the Constitution’s vesting of executive power in the president means private citizens cannot enforce federal law over the executive’s objection. How strong are these arguments? And what would it mean for environmental and other citizen-enforcement suits if DOJ were to prevail? “Grok the Vote.” We may be living through the first true “AI elections.” In Manhattan’s…
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