Connect with us

News

SEC continues to argue for Elon Musk’s “Twitter sitter” deal

Credit: TED/YouTube

Published

on

A recent letter from the US Securities and Exchange Commission (SEC) states that Tesla lawyers must still pre-approve Elon Musk’s company-related tweets, even though the billionaire won the case centered on his infamous “funding secured” tweet in 2018.

In a letter to the US Court of Appeals for the 2nd Circuit in New York, the SEC argued that Musk’s earlier settlement with the agency is constitutional and valid. Musk’s settlement followed an SEC investigation into the CEO’s “funding secured” claims in 2018. It was also agreed that tweets containing material Tesla-related information would be reviewed by a lawyer — fondly dubbed the CEO’s “Twitter Sitter” by the internet — before Musk posts them. 

Elon Musk’s legal team submitted a brief to a court of appeals in September 2022, seeking relief from what they alleged was a “government-imposed muzzle” that inhibits the CEO’s speech. The appeal came a month after a federal judge denied Musk’s motion to terminate his settlement provision with the SEC.

Earlier this month, a jury found that Elon Musk and Tesla were not liable in a class-action securities fraud trial centered on the CEO’s “funding secured” tweet. Musk’s lawyers then argued earlier this week that the jury verdict should be considered in an appeal against the CEO’s SEC settlement provision. 

Advertisement

“In light of the jury finding that Mr. Musk’s tweets did not violate Rule 10b-5, the SEC lacks support both for the consent decree itself and for its arguments on appeal. The verdict provides further reason why the public interest in avoiding unconstitutional settlements easily subsumes the SEC’s purported stake in the consent decree,” Alex Spiro, one of Musk’s lawyers, wrote

The SEC has responded to Musk’s legal team, arguing that the findings of the jury in a private securities-fraud action does not identify a “pertinent and significant” authority. The SEC also argued that Musk is “reading too much” into his jury verdict. 

Following is the SEC’s response. 

“Appellant Elon Musk’s letter notifying this Court about a jury verdict in a private securities-fraud action does not identify a ‘pertinent and significant’ authority. Musk waived his opportunity to test the Commission’s allegations at trial when he voluntarily agreed (twice) to a consent judgment. The district court properly rejected his request to alter the judgment because there were no “significant” changes in factual conditions or the law that justified relief under Rule 60(b)(5). Musk asserts that the consent judgment now “lacks support” given “the jury’s finding,” but this is a non-sequitur; the consent judgment was not conditioned upon the outcome of the private litigation. 

Advertisement

“Even if the verdict were somehow relevant, Musk reads too much into it. The Commission had no role in that case. Unlike in a Commission action, the private plaintiff had to prove reliance, loss causation, and damages, In re Tesla , Dkt. 655, at 7-17 (jury instructions), and it is unknown whether the verdict turned on elements that would not burden the Commission at trial, id. , Dkt. 671, at 2-3 (verdict form). Moreover, the court instructed the jury to assume that Musk’s tweets “were untrue,” which confirms the discrete point the Commission was making when it referenced the private action in its brief. Id., Dkt. 655, at 7-8.

“Ultimately, the verdict has no bearing on whether the district court correctly declined to grant the extraordinary remedy of altering Musk’s consent judgment years after entry. The verdict says nothing about the continuing public interest in a negotiated settlement term that does not preclude Musk from tweeting accurately about Tesla or other topics, but rather requires Tesla to review Musk’s Tesla-related communications before publication, including through Musk’s Twitter feed—a communication channel designated by Tesla for disclosure. And the verdict does not justify the inapt application of the ‘unconstitutional conditions’ concept to settlements, even if this Court were to overlook Musk’s forfeiture of any arguments regarding that concept,” the SEC wrote. 

It remains to be seen whether the court will uphold or dismiss the letter submitted by Musk’s legal team. The appeal is expected to be heard in the spring, although an exact date has not yet been scheduled.

627605104 Letter From US Securities Exchange Commission Feb 22 2023 by Maria Merano on Scribd

Advertisement

The Teslarati team would appreciate hearing from you. If you have any tips, contact me at maria@teslarati.com or via Twitter @Writer_01001101.

Maria--aka "M"-- is an experienced writer and book editor. She's written about several topics including health, tech, and politics. As a book editor, she's worked with authors who write Sci-Fi, Romance, and Dark Fantasy. M loves hearing from TESLARATI readers. If you have any tips or article ideas, contact her at maria@teslarati.com or via X, @Writer_01001101.

Advertisement
Comments

Energy

Zuckerberg’s Meta taps Musk’s Tesla for massive clean energy project

Published

on

Credit: Tesla

In a notable intersection of Big Tech powerhouses, Meta, led by Mark Zuckerberg, has partnered with Canadian energy infrastructure giant Enbridge on a significant renewable energy initiative that will rely on battery technology from Elon Musk’s Tesla.

The project, which was announced this week, marks another step in Meta’s aggressive push to power its expanding data center operations with clean energy, dispelling many of the complaints people have about them.

This new development is located near Cheyenne, Wyoming, and will feature a 365-megawatt (MW) solar farm paired with a 200 MW/1,600 megawatt-hour (MWh) battery energy storage system, also known as BESS. Tesla is providing the batteries for the project, valued at roughly $200 million.

The story was originally reported by Utility Dive.

Advertisement

This Wyoming project represents the first phase of Enbridge and Meta’s joint “Cowboy Project.” Once operational, it will deliver power to Meta’s regional data centers through Cheyenne Light, Fuel, and Power under Wyoming’s Large Power Contract Service tariff.

This tariff, originally developed in collaboration with Microsoft and Black Hills Energy, is designed specifically for large loads like data centers. It ensures that the renewable supply serves hyperscale customers without impacting retail electricity rates for other users.

The battery system will operate under a long-term tolling agreement, providing dispatchable capacity that enhances grid reliability. During periods of high demand, the utility can access the backup generation, addressing one of the key challenges of integrating large-scale renewables with the explosive growth of data center electricity demand driven by artificial intelligence.

This latest collaboration builds on prior joint efforts between Enbridge and Meta in Texas, including the 600 MW Clear Fork Solar, 152 MW Easter Wind, and 300 MW Cone Wind projects. Together with the Wyoming initiative, the companies have now partnered on roughly 1.6 gigawatts (GW) of combined solar, wind, and storage capacity.

Advertisement

The deal highlights the intensifying demand for reliable, low-carbon power from technology giants. Meta has committed to supporting its data center growth with renewable energy, joining peers like Microsoft and Google in seeking large-scale solutions. Enbridge’s Allen Capps described the project as “one of the larger utility-scale battery installations supporting U.S. data center operations and growth.”

The involvement of Tesla’s battery technology adds an intriguing layer, linking two of the world’s most prominent tech leaders—Zuckerberg and Musk—in the clean energy transition.

As data centers continue to drive unprecedented electricity load growth across the United States, projects like this one illustrate how hyperscalers are turning to strategic partnerships with traditional energy players and innovative storage solutions to meet both sustainability goals and reliability needs.

Advertisement
Continue Reading

Elon Musk

SpaceX reveals reason for Starship v3 stand down, announces next launch date

Published

on

Credit: SpaceX

SpaceX has decided to stand down from what was supposed to be the first test launch of Starship’s v3 rocket tonight after a minor issue with a hydraulic pin delayed the flight once more.

The company scrubbed its first test flight of the upgraded Starship v3 on May 21 in the final minutes of the countdown. SpaceX CEO Elon Musk quickly took to social media platform X, explaining that a hydraulic pin on the launch tower’s “chopsticks” arm failed to retract properly.

Musk added that the company would fix the issue this evening. SpaceX will attempt another launch tomorrow night at 5:30 p.m. CT, 6:30 p.m. ET, and 3:30 p.m. PT.

The countdown for Starship Flight 12 — featuring the taller and more capable V3 stack with Booster 19 and Ship 39 — had been progressing smoothly until the late-stage issue surfaced. The Mechazilla tower arm, designed to secure the vehicle on the pad and eventually catch returning boosters, could not complete its retraction sequence.

SpaceX teams immediately began troubleshooting the hydraulic system for an overnight repair.

Advertisement

Starship V3 introduces several significant upgrades over earlier versions. These include greater propellant capacity, more powerful Raptor 3 engines, larger grid fins, enhanced heat shielding, and an improved fuel transfer system.

We covered the changes that were announced just days ago by SpaceX:

SpaceX unveils sweeping Starship V3 upgrades ahead of May 19 launch

The changes are intended to increase payload performance, support higher flight rates, and advance the vehicle toward operational missions, including Starlink deployments, NASA Artemis lunar landings, and future crewed Mars flights. The debut flight from Starbase’s new Launch Pad 2 marked an important milestone in scaling up the fully reusable Starship system.

Advertisement

This stand-down highlights the intricate challenges of preparing the world’s most powerful rocket for flight. Despite extensive pre-launch checks, a single component in the ground support equipment can force a scrub.

The incident aligns with Starship’s proven iterative development approach. Previous test flights have encountered both successes and setbacks, each providing critical data that refines hardware and procedures. Some outlets may call some of these flights “failures,” when in reality, they are all opportunities for SpaceX to learn for the next attempt.

With V3, SpaceX aims to reduce ground-system dependencies and increase launch cadence to meet ambitious long-term goals.

Advertisement
Continue Reading

News

Tesla Model Y becomes first-ever car to reach legendary milestone

Published

on

Credit: Tesla Manufacturing

The Tesla Model Y became the first-ever car to reach a legendary Norwegian milestone, surpassing 100,000 new registrations after gaining a reputation as one of the most popular vehicles in the country and the world.

As of May 20, Norwegian authorities have registered 100,224 units of the electric SUV, according to data from local outlet Opplysningsrådet for veitrafikken (OFV).

By population, roughly one in every 29 passenger cars on Norwegian roads is now a Model Y, underscoring its rapid rise as a national favorite.

Since the first deliveries in August 2021, the Model Y has transformed from a newcomer to a staple in Norwegian traffic.

Advertisement

Tesla back on top as Norway’s EV market surges to 98% share in February

Geir Inge Stokke, the Managing Director of OFV, described the achievement as “remarkable,” noting that few single models have gained such traction so quickly. “Tesla Model Y has hit the Norwegian market spot on, and the numbers illustrate how fast the EV market has developed here,” Stokke said.

The Model Y’s success reflects Norway’s aggressive push toward electrification. Nearly nine out of ten units, 87.6 percent, to be exact, are privately registered, with the remaining 12.4 percent on company plates. Owners span the country, from major cities to smaller municipalities, proving it is no longer just an urban or niche vehicle but a true “people’s car.

Who is Buying Tesla Model Ys in Norway?

Typical Model Y drivers are men in their early 40s. The average registered user age is 44, with 83 percent male and 17 percent female. Stokke noted that household usage often extends beyond the primary registrant, broadening the vehicle’s real-world appeal.

Advertisement

Geographically, adoption concentrates in urban centers with strong charging infrastructure. Oslo leads with 16,861 registrations (16.82 percent of the national total), followed by Bergen (7,450), Bærum (4,313), and Trondheim (4,240).

The top five municipalities—Oslo, Bergen, Bærum, Trondheim, and Asker—account for 35,463 units, or about 35 percent of all Model Ys. Yet the vehicle’s presence outside big cities highlights its broad acceptance.

Growth Trajectory and Popularity

Tesla built a lot of sales momentum in a short amount of time. In 2021, registrations closed out at 8,267, but more than doubled to more than 17,000 units in 2022 and more than 23,000 units in 2023. 2025 was the company’s strongest year yet, as Tesla managed to record 27,621 registrations.

Through 2026, Tesla already has 7,036 registrations.

Advertisement

Tesla’s Global Success with the Model Y

Tesla has tasted so much success with the Model Y; it has been the best-selling car in the world three times, it has dominated EV sales in numerous countries, and contributed to a mass adoption of electric vehicles across the planet.

As Stokke emphasized, the Model Y’s journey from newcomer to icon mirrors Norway’s broader success story. With robust incentives that push sales, excellent infrastructure, and consumer eagerness to transition to sustainable powertrains, the country continues setting global benchmarks in sustainable mobility.

The Tesla Model Y stands as a shining example of how quickly change can happen when conditions align.

Advertisement
Continue Reading