For decades, citizen lawsuits have worked to ensure environmental laws are adhered to in Massachusetts but the Department of Justice now argues it can dismiss such lawsuits in the interest of national defense.

A lawsuit brought by the NAACP alleges Elon Musk’s company xAI is operating natural gas turbines in Mississippi without permits and sending toxic fumes into Black communities nearby. Government lawyers argued the lawsuit threatens national security because the turbines power one of Musk’s data centers, aiding operations at the Department of War.

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Alexandra St. Pierre, vice president of environmental justice for the Conservation Law Foundation, said the Justice Department's move is unprecedented and has no legal basis.

"The citizens who are living every day by these facilities should have a choice and they have a right to be able to require these companies to comply with the law," St. Pierre contended.

Federal laws like the Clean Air Act and Clean Water Act give Americans the right to file citizen lawsuits against corporate misconduct. At least 16 lawsuits against data centers are in active litigation nationwide but St. Pierre noted a ruling in the case against xAI could reach far beyond just one data center.

Citizen lawsuits have helped clean up Boston Harbor and forced the EPA to better regulate stormwater runoff into rivers across the Commonwealth. In Maine, a citizen lawsuit aims to protect coastal communities and wild fish stocks from industrial fish farms.

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St. Pierre noted the statute allowing for these lawsuits was set up by Congress to ensure the government can enforce compliance with environmental laws, not help corporations to keep polluting.

"Just the idea that the federal government is trying to say that communities need to accept pollution is pretty frightening. It just shows how we can't count on the federal government to enforce its own laws," St. Pierre cautioned.

Legal observers noted the Justice Department's claim it can override citizen lawsuits aligns with other actions taken by the Trump administration to ignore or stall court orders regarding labor laws or consumer protections. They said it also fits the administration’s pursuit of expanded executive power.

St. Pierre stressed citizen lawsuits give communities suffering from pollution a voice, even when their government is not helping them, and are still a way to bring about real change.