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Tesla Giga Berlin critics are taking another stand with some new legal action

Gigafactory Berlin (Credit: Tesla)

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Fresh off their defeat at the Berlin-Brandenburg Higher Administrative Court (OVG) earlier this month, the Brandenburg Nature Protection Association (NABU) and the Green League are taking yet another stand against Tesla’s Gigafactory Berlin. This time, the environmental groups are complaining that their grievances against the EV maker’s facility were not given sufficient hearing by the higher court. 

The NABU and the Green League have taken issue with the fact that Tesla was granted an early approval last month that gave the company permission to conduct limited tests of Gigafactory Berlin’s production equipment, including the facility’s paint shop. The two organizations, which have strongly opposed the EV factory, protested against the new early approval, citing safety concerns. 

The NABU and the Green League’s efforts were effectively shot down by the administrative court of Frankfurt (Oder), which resulted in the organizations taking their complaints to the higher court. Unfortunately for the two groups, the Berlin-Brandenburg Higher Administrative Court (OVG) deemed their urgent motion inadmissible. The higher court issued its rejection of the NABU and the Green League’s efforts earlier this month while stating that its decision was final. 

In their new complaint, which was retrieved by local news agencies, the NABU and the Green League took issue with the fact that the higher court did not give them enough legal hearing. The groups further claimed that they had too little opportunity to present their arguments against Gigafactory Berlin. “The resolution of July 14, 2021, with which the Senate rejected the urgent motion of the applicants, violates the applicants’ right to be heard under Article 103, Paragraph 1 of the Basic Law in a decisive manner,” the complaint stated. 

Thorsten Deppner, the lawyer of the NABU and the Green League, explained the organization’s grievances further, particularly those surrounding Gigafactory Berlin’s early approvals. “The fact that the incorrect assumption of a positive approval prognosis is definitely relevant for environmental protection cannot be denied with the lack of legally binding effect of the approval of an early start for the approval decision. It cannot be overlooked that such approvals actually have a considerable influence on the approval decision,” the lawyer wrote

Despite the drama and the opposition against Giga Berlin, Tesla still seems quite optimistic about the upcoming facility. Elon Musk said as much during the recently-held second-quarter earnings call. “It’s surprisingly great work by the Giga Texas team and then also great work in Berlin-Brandenburg with the team there. So we expect to be producing the sort of new design of the Model Y in both factories in limited production later this year,” Musk said. 

Don’t hesitate to contact us for news tips. Just send a message to tips@teslarati.com to give us a heads up. 

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Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Tesla dispels reports of ‘sales suspension’ in California

“This was a “consumer protection” order about the use of the term “Autopilot” in a case where not one single customer came forward to say there’s a problem.

Sales in California will continue uninterrupted.”

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Credit: Tesla

Tesla has dispelled reports that it is facing a thirty-day sales suspension in California after the state’s Department of Motor Vehicles (DMV) issued a penalty to the company after a judge ruled it “misled consumers about its driver-assistance technology.”

On Tuesday, Bloomberg reported that the California DMV was planning to adopt the penalty but decided to put it on ice for ninety days, giving Tesla an opportunity to “come into compliance.”

Tesla enters interesting situation with Full Self-Driving in California

Tesla responded to the report on Tuesday evening, after it came out, stating that this was a “consumer protection” order that was brought up over its use of the term “Autopilot.”

The company said “not one single customer came forward to say there’s a problem,” yet a judge and the DMV determined it was, so they want to apply the penalty if Tesla doesn’t oblige.

However, Tesla said that its sales operations in California “will continue uninterrupted.”

It confirmed this in an X post on Tuesday night:

The report and the decision by the DMV and Judge involved sparked outrage from the Tesla community, who stated that it should do its best to get out of California.

One X post said California “didn’t deserve” what Tesla had done for it in terms of employment, engineering, and innovation.

Tesla has used Autopilot and Full Self-Driving for years, but it did add the term “(Supervised)” to the end of the FSD suite earlier this year, potentially aiming to protect itself from instances like this one.

This is the first primary dispute over the terminology of Full Self-Driving, but it has undergone some scrutiny at the federal level, as some government officials have claimed the suite has “deceptive” naming. Previous Transportation Secretary Pete Buttigieg was vocally critical of the use of the name “Full Self-Driving,” as well as “Autopilot.”

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New EV tax credit rule could impact many EV buyers

We confirmed with a Tesla Sales Advisor that any current orders that have the $7,500 tax credit applied to them must be completed by December 31, meaning delivery must take place by that date. However, it is unclear at this point whether someone could still claim the credit when filing their tax returns for 2025 as long as the order reflects an order date before September 30.

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tesla showroom
Credit: Tesla

Tesla owners could be impacted by a new EV tax credit rule, which seems to be a new hoop to jump through for those who benefited from the “extension,” which allowed orderers to take delivery after the loss of the $7,500 discount.

After the Trump Administration initiated the phase-out of the $7,500 EV tax credit, many were happy to see the rules had been changed slightly, as deliveries could occur after the September 30 cutoff as long as orders were placed before the end of that month.

However, there appears to be a new threshold that EV buyers will have to go through, and it will impact their ability to get the credit, at least at the Point of Sale, for now.

Delivery must be completed by the end of the year, and buyers must take possession of the car by December 31, 2025, or they will lose the tax credit. The U.S. government will be closing the tax credit portal, which allows people to claim the credit at the Point of Sale.

We confirmed with a Tesla Sales Advisor that any current orders that have the $7,500 tax credit applied to them must be completed by December 31, meaning delivery must take place by that date.

However, it is unclear at this point whether someone could still claim the credit when filing their tax returns for 2025 as long as the order reflects an order date before September 30.

If not, the order can still go through, but the buyer will not be able to claim the tax credit, meaning they will pay full price for the vehicle.

This puts some buyers in a strange limbo, especially if they placed an order for the Model Y Performance. Some deliveries have already taken place, and some are scheduled before the end of the month, but many others are not expecting deliveries until January.

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Elon Musk takes latest barb at Bill Gates over Tesla short position

Bill Gates placed a massive short bet against Tesla of ~1% of our total shares, which might have cost him over $10B by now

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Elon Musk took his latest barb at former Microsoft CEO Bill Gates over his short position against the company, which the two have had some tensions over for a number of years.

Gates admitted to Musk several years ago through a text message that he still held a short position against his sustainable car and energy company. Ironically, Gates had contacted Musk to explore philanthropic opportunities.

Elon Musk explains Bill Gates beef: He ‘placed a massive bet on Tesla dying’

Musk said he could not take the request seriously, especially as Gates was hoping to make money on the downfall of the one company taking EVs seriously.

The Tesla frontman has continued to take shots at Gates over the years from time to time, but the latest comment came as Musk’s net worth swelled to over $600 billion. He became the first person ever to reach that threshold earlier this week, when Tesla shares increased due to Robotaxi testing without any occupants.

Musk refreshed everyone’s memory with the recent post, stating that if Gates still has his short position against Tesla, he would have lost over $10 billion by now:

Just a month ago, in mid-November, Musk issued his final warning to Gates over the short position, speculating whether the former Microsoft frontman had still held the bet against Tesla.

“If Gates hasn’t fully closed out the crazy short position he has held against Tesla for ~8 years, he had better do so soon,” Musk said. This came in response to The Gates Foundation dumping 65 percent of its Microsoft position.

Tesla CEO Elon Musk sends final warning to Bill Gates over short position

Musk’s involvement in the U.S. government also drew criticism from Gates, as he said that the reductions proposed by DOGE against U.S.A.I.D. were “stunning” and could cause “millions of additional deaths of kids.”

“Gates is a huge liar,” Musk responded.

It is not known whether Gates still holds his Tesla short position.

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