this post was submitted on 10 Apr 2025
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KeShaun Pearson took a seat in front of the Shelby county board of commissioners in Memphis, Tennessee, on Wednesday morning. In the gallery behind him, a small group of people held up signs that said “Our air = our lives” and “Our water, Our future.” With a manner-of-fact demeanor, Pearson addressed the commissioners.

“I’m here because today we’ve learned that xAI is using 35 methane gas burning turbines,” said Pearson, who is the director of the advocacy group Memphis Community Against Pollution. “They have submitted a permit to our Shelby county health department for 15, yet they are using double that amount with no permit.”

It’s been known that xAI, Elon Musk’s artificial intelligence company, has been using around 15 portable generators to help power its massive supercomputer in Memphis without yet securing permits. But new aerial images obtained by the Southern Environmental Law Center show that number is now far higher. The group says these gas turbines combined can generate around 420MW of electricity, enough to power an entire city.

“xAI has essentially built a power plant in South Memphis with no oversight, no permitting, and no regard for families living in nearby communities,” Amanda Garcia, senior attorney for the Southern Environmental Law Center, said in a statement. “These dozens of gas turbines are doing significant harm to the air Memphians breathe every day.”

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Both the German Federal Constitutional Court and the Federal Court of Justice have applied Radbruch's formula numerous times. Its first court appearances were in cases concerned with National Socialist crimes. The defendants in those cases argued that, according to Nazi statutes valid at the time of their acts, those acts had been legal. The courts used Radbruch's formula to argue that some statutes were so intolerable that they had not been law in the first place and consequently could not be used to justify the acts in question.

This is the current interpretation of the meaning of "law" in Germany. Laws which are entirely unjust must be disobeyed.

Though this is different from an administration ignoring the rule of law. In that case it's fairly obvious that violations of laws can be prosecuted by any following administration.