The US Congress included provisions in laws such as the Clean Air Act, the Clean Water Act, and the Safe Drinking Water Act to allow citizens to enforce environmental regulations through the courts. Since the 1970s, these citizen suit provisions have been used in more than 2,000 lawsuits.
In April 2026, the NAACP filed a lawsuit against xAI in federal court, alleging that the company operated 27 natural gas-fired turbines in Southaven, Mississippi, without the required permits under the Clean Air Act.
In June 2026, the US Department of Justice asked a judge to dismiss the NAACP's lawsuit against xAI. The Department argued that citizen suits cannot proceed when the federal government does not oppose the behavior in question.
The NAACP's lawsuit threatens 'artificial intelligence innovation' and national security.
The US Department of Justice argued that citizen lawsuits were not intended to allow citizens to enforce laws in ways that conflict with what the federal government deems to be in the public interest. To support this position, the Department cited two executive orders signed by US President Donald Trump regarding 'American leadership in artificial intelligence' and a 'national energy emergency.'
Past environmental settlements
Legal actions by private citizens and organizations have previously resulted in significant settlements regarding environmental discharges.
In 2025, Styropek USA settled for $2.5 million following a lawsuit by PennEnvironment and Three Rivers Waterkeeper over pellet discharges into a creek in Pennsylvania.
In 2019, Formosa Plastics reached a $50 million settlement following a 2017 lawsuit brought by Diane Wilson concerning plastic pellet discharges into Lavaca Bay, Texas.
Number of lawsuits using citizen suit provisions since the 1970s.
