Listen to the audio version of this article (generated by AI).
Key Points
- The Justice Department has asked a federal court to dismiss the NAACP’s Clean Air Act lawsuit against Elon Musk’s xAI.
- The government argues that shutting down the gas turbines supporting xAI could pose national-security risks, effectively backing the off-grid power strategy that Professor Joel Litman calls “Dark Energy.”
- For investors, Washington’s willingness to prioritize AI infrastructure over local pollution disputes strengthens the case for companies supplying the energy and equipment at the center of Litman’s thesis.
Elon Musk’s SpaceX (SPCX) has officially pulled off the largest initial public offering (“IPO”) in history.
The company raised more than $85 billion, minted Musk as the world’s first trillionaire, and has gone on a volatile ride – rallying more than 60% from its $135 IPO price before pulling back double-digits this week.
And now, the U.S. government has eliminated a major risk for investors…
Last week, the Department of Justice (“DOJ”) moved to intervene in a Mississippi federal court, filing to dismiss an NAACP lawsuit against one of Musk’s artificial intelligence (“AI”) data centers. The government’s filing didn’t pull any punches, stating it would “not sit idly by while private organizations use environmental laws to undermine our national security.”
The suit targeted the natural-gas turbines powering the data center, which the NAACP says were installed without the proper permits or pollution controls. But the government dismissed the concerns, noting that Mississippi was in charge of administering the permits, and the state had decided they weren’t required.
The DOJ went on to state that the NAACP’s suit threatened “American national, economic, and energy security by seeking to shut off the power supply for artificial-intelligence innovation that supports the Department of War’s military operations.” As CNBC reported:
The DOJ said that during the Iran war, the military version of xAI’s Grok had “enabled U.S. forces to deploy over 2,000 munitions to 2,000 distinct targets within 96 hours, a testament to the greatly increased operational efficiency made possible by the Grok Gov Model.”
The AI Supply Chain Is a Matter of National Security
We’ve been writing about these turbines for a while…
I first noted them, almost as an aside, when digging into just how Musk was able to create one of the world’s most powerful AI supercomputers with Project Apex:
xAI ended up renting approximately one-fourth of the entire U.S. mobile cooling capacity to keep those GPUs from overheating… along with bringing in a fleet of natural gas-powered mobile turbines to generate enough power to run the GPUs, before ultimately securing more permanent power.
He’s using the term Dark Energy for on-site, natural-gas power generation setups that are increasingly the first choice of AI data centers and hyperscalers for an uninterrupted source of off-grid electricity. As we noted in our deep dive into his Dark Energy prediction…
AI data centers and hyperscalers are focusing on these Dark Energy turbines for a few big reasons…
- Speed. While a new natural gas plant can take several years to build from a permitted site, these Dark Energy turbines can be installed in months. And once they’re ready to go, they can begin producing power almost immediately.
- Reliability. Joel cites a 99.7% uptime figure on these units. Industry data confirms that aeroderivative turbines have very high availability rates and can run for years between major maintenance overhauls. Compare that to solar, which depends on the sun, or wind, which depends on the weather.
- Scale. These units are big… upward of 25 to 50 megawatts each is typical, with some ranging higher. That’s an order of magnitude or two larger than the diesel backup generators that are more commonly used in hospitals or office buildings. Stack a few dozen of these turbine generators, and you can match the output of a small nuclear plant.
These Dark Energy turbines are about the only way AI labs can get power now, rather than in five to 10 years.
And finally, a few weeks back I explained how Musk was buying up some $2.8 billion of gas turbines in orders disclosed in SpaceX’s IPO paperwork. And although I noted the backlash and environmental lawsuit in that article, it also didn’t seem likely to stop the Dark Energy rollout. As I noted…
The fact that Musk is buying another $2.8 billion in turbines, even as the ones he’s currently running are drawing lawsuits, shows just how desperate the power crunch has become.
This spending was then the clearest proof yet of Professor Joel Litman’s “Dark Energy” prediction.
And now, the government has gone a step further. It’s treating those turbines as too important to switch off… and stepping up in court to defend them as wartime infrastructure.
‘Dark Energy’ Is Going Mainstream
For months now, Joel has made a simple argument: The U.S. grid cannot keep up with AI, so the hyperscalers are building their own power.
Joel is a senior adviser to Fermi America, which is building what it calls the world’s largest private “HyperGrid” campus in the Texas Panhandle, designed to deliver up to 17 gigawatts of power straight to AI hyperscalers. So he’s “in the room,” watching this build-out closely.
In fact, as part of his public prediction, he even took his viewers on a helicopter ride above the Texas site…

Now, as the government clears the way for behind-the-meter power to potentially skip air permits, zoning rules, and even angry neighbors… the legal and political risks for the rise of Dark Energy are significantly reduced.
Of course, environmental groups are furious. The Associated Press quoted Laura Thoms, director of enforcement for Earthjustice, an environmental law firm that represents the NAACP with co-counsel Southern Environmental Law Center, as saying…
Trump’s Justice Department wants to shield Elon Musk’s data center company, xAI, from being held accountable for its illegal pollution – and it’s attempting to grab power from impacted communities, the courts and Congress to do so.
Now, I don’t know what will ultimately happen with this lawsuit in the courts. But as an investor, you should be paying attention…
The stakes are massive. Elon Musk understands that speed matters. Investors should, too.
I made the case for his philosophy when writing about SpaceX’s dominance ahead of the IPO. Musk rewrote the economics of spaceflight by doing what no one thought was possible. As I put it in my explainer on the SpaceX IPO:
Before SpaceX, the economics of space were absurd. You’d spend hundreds of millions of dollars building a rocket, fire it once, and let it crash into the ocean. Think of it as building a brand-new 747 for every single flight and then scrapping it after landing.
That was how the entire industry worked for half a century.
Musk’s team figured out how to land boosters and fly them again. That single innovation cut the cost of reaching orbit by more than 90%. And it was devastating for the competition.
Right now, Musk is taking that same rocket-launch playbook and using it to compete in the AI race… and getting a big boost from the government to do so.
- Grok is being woven into the Pentagon’s drive to become an AI-enabled fighting force.
- xAI is racing to displace white-collar labor with tools like the system I covered in my piece on Musk’s “Macrohard” project, built to watch a worker’s screen and learn the job.
- And now, his Dark Energy turbine strategy is being defended in courts by the DOJ.
So whatever you think of the government’s argument here, you can expect more investor capital to flood into this sector… particularly the suppliers that Joel is telling his readers to focus on.
Buy the AI Bottlenecks
Joel argues in his Dark Energy prediction that the greatest upside isn’t in the big AI labs like Anthropic and OpenAI. Instead, he tells his subscribers to focus on the lesser-known suppliers that make the build-out possible.
Gas turbines are one bottleneck right now…
The leading suppliers are sold out for years. Demand for these specific turbines continues to climb faster than factories can build them. As Joel noted last month:
Data centers requiring about 183 gigawatts (“GW”) of electricity have already signed agreements with utility companies. Projects requiring 600 GW of power are still trying to pin down their supply.
Gas turbines are essential in securing that power. And, importantly, they can provide data centers with electricity around the clock.
Right now, all eyes are on three turbine producers that dominate the industry… GE Vernova (GEV), Siemens Energy (SMERY), and Mitsubishi Heavy Industries (MHVIY).
The xAI case underlines why… When a hyperscaler needs power, it will buy every turbine it can find, fight the lawsuits later, and now, apparently, count on the federal government to help.
Joel has written down everything you need to know to invest in this supply-chain megatrend in a special report for his subscribers. It’s called Dark Energy: Stocks That Could Soar as AI Goes Off the Grid. And it contains the names and tickers of the supplier stocks that hold the key to this boom, personally vetted by Joel and his research team.
Out of respect to Joel’s paid subscribers, we can’t share those specific names here. But you can hear Joel make the full case for Dark Energy, in his own words, right here.
More than 1 million Americans have already seen his exclusive video… and his Dark Energy prediction is now breaking into mainstream headlines. As Joel puts it:
If you buy the right “Dark Energy” stocks today… you’ll secure your piece of this boom.
And every time you hear about AI passing some new test… you can feel excited – instead of uneasy.
Because, if you become an early backer of “Dark Energy” today, the smarter AI gets… the more your investments stand to grow.
And of course, if you simply want to see how to subscribe and get immediate access to this report, you can click here to go straight to an order form, without watching a long video.
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