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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.
News
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.”
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:
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.
— Tesla North America (@tesla_na) December 17, 2025
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.
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.
🚨UPDATE: $7,500 Tax Credit Portal “Closes By End of Year”.
This is bad news for pending Tesla buyers (MYP) looking to lock in the $7,500 Tax Credit.
“it looks like the portal closes by end of the year so there be no way for us to guarantee the funds however, we will try our… pic.twitter.com/LnWiaXL30k
— DennisCW | wen my L (@DennisCW_) December 15, 2025
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.
Elon Musk
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
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:
Bill Gates placed a massive short bet against Tesla of ~1% of our total shares, which might have cost him over $10B by now
— Elon Musk (@elonmusk) December 17, 2025
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.
Tesla dispels reports of ‘sales suspension’ in California
New EV tax credit rule could impact many EV buyers
