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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.
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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.”
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Tesla AI lead Ashok Elluswamy said this week that 24-hour Robotaxi service is close. Replying on X to a rider who wanted Cybercab trips all night, he wrote that the capability would arrive “next month or so” once “the next tech to merge on the v15 plan” is ready.
The comment landed on September 4, one day after Tesla opened public Cybercab rides in Austin. It is the clearest near-term timeline yet for overnight unsupervised operation. Tesla’s paid Robotaxi network currently runs from 6 a.m. to 10 p.m. seven days a week across Austin, Dallas, Houston, Miami, Orlando, and Tampa.
next month or so. the next tech to merge on the v15 plan will enable it.
— Ashok Elluswamy (@aelluswamy) September 4, 2026
That 16-hour window is shorter than the 6 a.m. to 2 a.m. schedule the company used for much of the prior year.
Elluswamy did not name the specific feature or say whether the change would apply first to purpose-built Cybercabs, the existing Model Y fleet, or both. He also offered no city-by-city rollout list. The link to Full Self-Driving v15 is nevertheless significant.
Tesla has described v15 as a step-change architecture with seven parallel improvement tracks and roughly ten times more parameters than earlier builds. Early versions of that software already operate on the Robotaxi fleet and contain about 40 percent of the planned gains.
By July 2026, the unsupervised fleet had logged more than 380,000 miles across six cities in two states with what the company called an impeccable safety record and no notable incidents caused by the vehicles themselves. Tesla has repeatedly argued that camera-based end-to-end neural networks, rather than extra sensors, are the core of the solution.
Overnight service would test that claim in lower-light conditions and would also raise vehicle utilization, a key variable for Robotaxi unit economics. The company has already begun using public Superchargers at night and is building dedicated Robotaxi charging sites.
Riders have asked why software must change if the cars already drive in the dark. The practical answer appears to be reliability and scale: Tesla has held back mass expansion until more of the v15 stack is merged, citing the need for higher confidence before putting thousands of unoccupied vehicles on streets around the clock.
If the next module arrives on the timetable Elluswamy sketched, 24-hour service could begin in October 2026 in at least some markets.
That would mark a shift from a daytime-bounded pilot to a service that can run whenever demand exists, including the late-night hours that have so far remained out of reach.
Tesla is beginning to roll out Full Self-Driving Supervised v14.3.9 with a new active safety layer that can take control even when the driver is operating the car manually.
Tesla AI said the software can activate FSD on the driver’s behalf when an imminent collision is detected and Automatic Emergency Braking may not be enough. It may also engage if the system detects heavy distraction or an accidental FSD disengagement.
FSD Supervised v14.3.9 starting to roll out shortly
This release includes a new active safety feature set: FSD Supervised can now activate on your behalf when an imminent collision is detected and Automatic Emergency Braking (AEB) may not be enough.
It may also engage if we…
— Tesla AI (@Tesla_AI) September 4, 2026
The capability is essentially Automatic Collision Evasion. However, unlike conventional AEB, which mainly applies the brakes in a straight line, this feature can use steering, braking, and acceleration together if the car calculates that stopping alone will not prevent impact and a safer path exists. The system may change lanes or move toward a shoulder when conditions allow, then continue driving after the immediate threat is handled rather than simply coming to a stop.
The intervention is meant as a last-resort safety net, not a replacement for attentive driving.
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Tesla’s own description still frames FSD as supervised assistance. Secondary reports on internal release notes say the feature can fire while the car is being driven manually if cabin-camera monitoring suggests the driver is not sufficiently attentive, such as reaching toward the back seat, or if FSD appears to have been turned off unintentionally.
After the emergency maneuver, the car is expected to alert the driver and request a return to manual control.
The safety case is straightforward. Many collisions happen in the last second because a driver is looking away, fumbles a control, or faces an obstacle that braking cannot fully solve. A system that can both recognize that AEB is insufficient and execute a coordinated evasive path can reduce those remaining high-severity events.
Re-engaging after accidental disengagement also addresses a practical failure mode: a small steering nudge that drops FSD at the worst moment. The advantage is a background safety net that uses the same vision stack already running in v14, instead of leaving the car solely to emergency braking once the driver is no longer in command.
The feature still depends on FSD being enabled and, according to reports, an active FSD purchase or subscription. It does not make the vehicle unsupervised. Drivers remain responsible, and Tesla has not published how often the system is expected to intervene or how it will handle false positives.
If the rollout is conservative and the false-alarm rate stays low, the update is a meaningful step: FSD is no longer only a feature the driver turns on. In the rare moments when disaster is already forming, it can step in.
Tesla launched the all-electric, steering wheel-less, and pedal-less Cybercab last night at a quiet and small event in downtown Austin, Texas.
The launch, which marked the beginning of unsupervised ride-hailing for Tesla’s Robotaxi platform with Cybercab, has already caught the attention of the National Highway Traffic Safety Administration (NHTSA) who has more questions.
NHTSA opened an Audit Query (AQ) into the Cybercab’s Federal Motor Vehicle Safety Standards (FMVSS) certification that Tesla gave the vehicle. Manufacturers self-certify vehicles much of the time to avoid excessive regulatory delays.
Tesla Cybercab interior, note the lack of steering wheel and pedals. (Credit: @niccruzpatane/X< /a>)
However, the agency needs more information; it said in a summary:
“On September 3, 2026, Tesla began commercial deployment with a small number of its Cybercab vehicles in Austin, Texas. Tesla notified the Agency that it certified those Cybercab vehicles as compliant with all applicable Federal Motor Vehicle Safety Standards (FMVSS). Tesla also notified the Agency that it plans to gradually expand commercial deployment of the Cybercab to include additional vehicles and locations.”
It also went on to state that the Cybercab lacks traditional automotive controls, which is a groundbreaking move. The process is entirely new to the NHTSA, which gives the agency some leverage to put Tesla’s launch under a microscope:
“The vehicles lack permanently attached, conventional manual controls, such as a brake pedal, gas pedal, steering wheel, and mirrors. NHTSA is opening this AQ to examine the process and technical data on which Tesla relied when certifying the Cybercab and related issues. Among other things, NHTSA will consider the extent to which Tesla’s certification depended on determinations that certain FMVSS are inapplicable to the Cybercab.”
Tesla has added 45 Cybercab units to its fleet of Robotaxi-enabled cars in Austin, according to public documents the company submitted to the State of Texas over the past week. Enabling this level of self-driving is something Tesla has worked toward for many years, and now that it is finally here, it seems more than reasonable that regulatory agencies will have some questions.
Many outlets might try to frame this as a negative, but it is truly an agency looking to gain more information about groundbreaking tech that Tesla has been developing for years.
In an effort to keep riders, pedestrians, and property safe, any and all data accumulated from these first days, weeks, and months of rides will likely be shared with the NHTSA to enable broader rollout strategies across the United States and more in the future.
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