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EXCLUSIVE: Environmental lawyer tasked with suing Tesla speaks: ‘Win Some, Lose Some’
Since Tesla launched the construction of Giga Berlin, the company’s first European vehicle assembly plant in the State of Brandenburg, nearly every element of the project has been met with pushback and backlash from local citizens and other groups. The necessary removal of trees, the displacement of some species on the once forestry-infested property, groundwater, and a coolant tank have all been subjects of complaints brought to the attention of the California-based automaker.
Thousands of miles and a continent away from its home in Northern California, Tesla has sparred with local environmental groups NABU and the Green League for nearly a year, with lawyer Thorsten Deppner representing the Earth-friendly entities. In an exclusive interview with Teslarati, Deppner told us about his intentions for the lawsuit and what is next to come in a long line of issues that the automaker continues to sift through as production of sustainable passenger vehicles nears at the German plant.
Deppner, casually dressed and inviting me into a Zoom-like chatroom to talk about Tesla, was friendly. Knowing my position as a journalist covering the EV space and Tesla, specifically, Deppner was openly willing to talk about the points of the case that were recently put to rest, which has to do with the coolant tank that sits on the property of Giga Berlin. “Tesla had not filed certain documentation with respect to emergency procedures concerning the storage of a particular coolant. That coolant, if ignited, can produce Hydrogen Fluoride,” Deppner told me. “That was our main concern of this particular case.”
Credit: Twitter | @gigfactory_4
The tank was also the subject of a July 2021 investigation by the State Environment Agency, which was originally reported by Tagesspiegel. According to the report, the tank is reportedly holding the chemical tetrafluoropropene, and Tesla does not have permission to have this on the site. The coolant was not, and still is not present in the tank on site. However, Deppner’s cases were already set in motion when the State Agency decided to launch its investigation.
While somewhat risky for the company applying for the permit, this process is also risky for the citizens. Deppner’s most recent issue dealt with coolant tanks on Giga Berlin’s property, following the lawsuit with sand lizards that he won in December, as he proved Tesla broke German Endangered Species Law. A risk for the people in Deppner’s opinion, Tesla did not have the correct documentation to have the coolant tank on site. Safety regulations were not met, which ultimately could have become a risk to the people, especially if the highly toxic contents of the tank were released.
Many of those who have followed Tesla’s process in Berlin as things continue to progress know that preliminary permits were being issued left and right, giving Tesla permission to erect, construct, and perform nearly any task that it needed concrete authorization to perform. Deppner explained that German environmental law allows for those preliminary permits only if an application is more likely to be ultimately approved than not. Then, the company that filed the application will have the opportunity to begin building what was outlined in the documents, provided that the company is guaranteeing to restore the site to its original state if the application should be denied.
This tank was the subject of the most recent NABU and Green League lawsuit, which the groups and Deppner, their representing attorney, dropped. Deppner and the groups lost the injunction on this case, but it is still being monitored.
Deppner told me throughout the conversation on several occasions that the goal was never to have Tesla Giga Berlin shut down; the complaints and lawsuits were more meant to be “guidance.” The goal was to have Tesla adhere to German environmental law throughout the entire process of building Giga Berlin, a misconception that many people do not realize. “We did not want to have this project shut down; we just want Tesla to follow environmental law,” Deppner added.
Tesla Giga Berlin critic finally drops lawsuit over high costs
This is not to say that these groups don’t exist, the ones who would like nothing more than to shut down Tesla’s German operation and halt the spread of sustainable transportation, but Deppner said he was unwilling to represent those groups, as their funding may have been provided by untrustworthy sources. “I wouldn’t represent people or groups like that, not in the slightest,” Deppner said.
The next steps for Deppner are to continue monitoring the Tesla situation until things are ultimately filed, approved, and completed in Brandenburg. As for the attorney, he likely won’t be driving a Tesla anytime soon, but that is not to say that he doesn’t appreciate what the company is doing. He said that the mission of transitioning the world to sustainable energy and transportation is important, and EVs are undoubtedly a step in the right direction. As for the case, Deppner said, “You win some, you lose some.”
Don’t hesitate to contact us with tips! Email us at tips@teslarati.com, or you can email me directly at joey@teslarati.com.
Elon Musk
Tesla’s secretive “Project Crystal Sun” gets a big green light in Texas
Fort Bend County approved four incentive agreements Thursday for Tesla’s proposed $10.1 billion solar factory.
Fort Bend County commissioners on Thursday approved a package of tax incentives for Tesla’s proposed $10.1 billion solar cell factory near Needville, Texas, giving the company one of the last local approvals it needs before it decides where to build. All four Tesla agreements passed 4 to 0.
The votes covered a property tax abatement inside Reinvestment Zone No. 34, a Chapter 381 economic development agreement, a foreign trade zone non-objection paired with payments in lieu of certain taxes, and a separate payment in lieu of taxes “true up” agreement, according to agenda notes from the Fort Bend Commissioners Court meeting.
The project, known internally as “Project Crystal Sun,” would make solar cells and finished modules on roughly 3,000 acres near FM 762 and FM 1994, south of the Brazos River. As Teslarati reported when the filing first surfaced in August, Tesla’s application under the state’s JETI Act splits the investment into $1.5 billion in real property and $8.6 billion in equipment, with 9,712 permanent jobs projected by 2033 and commercial operations targeted for the first quarter of 2029. The plant would handle the full chain from ingot and wafer production through cell testing.
Inside Tesla’s secretive $10 Billion “Project Crystal Sun” filing
Thursday’s approval does not lock in the site. Tesla has told the Texas Comptroller it is still weighing other locations, and site selection adviser David Dennison told Lamar Consolidated ISD trustees in September that the race had narrowed to Fort Bend and one out of state rival with a “very compelling package,” according to the Houston Chronicle. Tesla hopes to decide before the end of 2026, and the incentives still need sign off from the Comptroller and the Governor’s office.
Local officials have now done nearly everything within their control. Commissioners created the reinvestment zone in an August 24 special meeting, with Interim County Judge Daniel Wong formally withdrawing himself over his engineering firm’s past work with Tesla. Lamar CISD trustees voted 7 to 0 on September 15 to advance a JETI agreement that would tax Tesla’s qualifying property at 50 percent of its value for maintenance and operations from 2029 through 2038.
The plant lines up with a target Elon Musk set on Tesla’s Q4 2025 earnings call in January, when he said the company would “work toward getting 100 GW a year of solar cell production, integrating across the entire supply chain from raw materials all the way to finished solar panels.” In March, Tesla was reported to be negotiating a $2.9 billion purchase of Chinese solar manufacturing equipment bound for Texas. The Houston area already hosts Tesla’s Megafactory in Brookshire, where Megapack 3 production has started. Tesla said on its Q3 call that Megapack supply for 2027 is nearly sold out, and Musk wrote on X Thursday that the company is “increasing production of Megapacks as much as possible,” as demand from data centers climbs.
Tesla revealed plans to develop its own maps internally to fix Navigation issues and give owners more control over their routing.
On the company’s Q3 2026 Earnings Call, a question was asked about FSD Navigation issues, particularly speed limit recognition, parking, and routing. These are issues that surface from version to version and seem to be seriously challenging for Tesla’s AI team to resolve.
Tesla’s Head of AI, Ashok Elluswamy, said in response to the question:
“You’re totally right that we shouldn’t be depending on external people’s maps. So we are building our own maps, but not like the same way as OneMoreMap. We are building an entirely new architecture with essentially AI-based mapping and navigation.”
He continued:
“It’s going to be super awesome. It’s going to be integrated with voice. You can talk to it, ask for different routes. It’s going to learn your personalized preferences, plus the fleet preferences. The collective intelligence of all the cars is going to flow into making the maps and navigation super cool.”
Elluswamy said this issue should be confronted, and the mapping should be available for people by the time the v15 release starts deploying to customers.
“And over the next several months,” he added, “it’s just going to take over all of the navigation functions, parking, destination handling. And it will know you better than you know yourself in some regard for the driving task, and then handle it fully.”
Tesla Summon got insanely good in FSD v14.3.2 — Navigation? Not so much
Navigation is perhaps the most notable complaint with FSD, and although it has gotten better, it is still flawed. Much of the time, FSD will take people on routes that are not preferred by the driver, but Tesla tried to combat this with a routing feature in the Summer 2026 Update.
Tesla currently relies on Google for map data, but it is sort of counterintuitive to believe the company would rely on a third party for this. These improvements will be welcome, as routing and navigation have been such a pain point for so many owners for so long.
Quotes via Motley Fool
Tesla Full Self-Driving (Supervised) showed a record attach rate at delivery for new vehicles in the third quarter of 2026.
75 percent of new vehicle deliveries in North America included a subscription to FSD software, up from 55 percent in the prior quarter, a 20-percentage-point sequential gain in the company’s most mature market.
Tesla Q3 2026 Earnings results: in-line revenues, slight beat on EPS
Tesla shed light on the Q3 Shareholder Deck that 75 percent of new deliveries came with an FSD subscription:
“FSD (Supervised)⁴ attach rate continued to grow, reaching over 75% of new vehicle deliveries in North America – our most mature market – a nearly twenty percentage point sequential increase. We believe that FSD is driving demand in markets where it is available, and we continue to work with regulators to get it approved in other markets. “
The higher attach rate accompanied strong growth in the overall FSD consumer base, as active subscriptions rose to 1.75 million, a 67 percent year-over-year increase. For the first time, more than half of paid customers are on the monthly subscription, which is priced at $99 per month in the U.S.
People are buying FSD with a car attached, not the other way around
— Elon Musk (@elonmusk) October 21, 2026
The transition to subscriptions has accelerated since Tesla discontinued the one-time purchase option in most markets earlier this year. The recurring model improves revenue visibility and margins compared with large upfront payments. With three-quarters of North American deliveries now including FSD, the software is now an evidently large contributor to Tesla’s economics and ancillary revenue.
Geographic expansion remains important for further gains. FSD is now available in nine countries in the EU, and more than 100,000 customers have driven over 160 million kilometers. Tesla is pursuing broader EU-wide approval, with a related vote expected in December. Similar progress in additional markets could support higher attach rates beyond North America.
These results came as Tesla had a strong quarterly delivery performance of 486,532 vehicles in the quarter, which came with its largest passenger-vehicle backlog in four years. Battery supply continued to limit volume, but the company has pointed to FSD as a clear difference-maker that is helping sustain demand. As supervised capabilities improve, the attach rate will likely continue to improve.
At face value, it is a key measure of how Tesla is converting sales into autonomy progress.
Tesla’s secretive “Project Crystal Sun” gets a big green light in Texas
Tesla is building its own maps to fix Navigation issues
