Elon Musk's xAI plans to buy $2.8 billion in turbines over three years, even as it faces a lawsuit over its current gas turbines near Memphis.

xAI announced in SpaceX's IPO filing that it will purchase $2.8 billion worth of turbines for AI infrastructure over the next three years, including a $2 billion deal specifically for 'mobile gas turbines'—the same type now at the center of a lawsuit.

The NAACP filed a lawsuit against xAI last month for operating unregulated gas turbines that worsen air quality. xAI has permits for 15 turbines but was using 46 as of a few weeks ago. Each turbine can emit more than 2,000 tons of NOx pollution annually (a group of chemicals that contributes to asthma-inducing smog).

xAI claims the turbines are exempt from state permits because they remain on their shipping trailers ('mobile'), but the EPA ruled earlier this year that xAI was operating them in violation of federal law. SpaceX acknowledged in its IPO filing that injunctions or rescinded permits 'would adversely affect our AI business.'